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JURISDICTION ON MATRIMONIAL MATTERS AND PARENTAL RESPONSIBILITY MATTERS WITH FOREIGN ELEMENT UNDER EU LAW, POLISH LAW, AND TURKISH LAW
In accordance with Article 1 of the abovementioned Regulation, the law applies in civil matters relating to divorce, legal separation or marriage annulment, the attribution, exercise, delegation, restriction, or termination of parental responsibility. In particular: rights of custody and rights of access, guardianship, curatorship, the designation and functions of any person or body having charge of the child's person or property, representing or assisting the child, etc.
In accordance with Article 3 of the same Regulation, “In matters relating to divorce, legal separation or marriage annulment, the jurisdiction shall lie with the courts of the Member State:
(a) in whose territory:
- the spouses are habitually resident, or
- the spouses were last habitually resident, insofar as one of them still resides there, or
- the respondent is habitually resident, or
- in the event of a joint application, either of the spouses is habitually resident, or
- the applicant is habitually resident if he or she resided there for at least a year immediately before the application was made, or
- the applicant is habitually resident if he or she resided there for at least six months immediately before the application was made and is either a national of the Member State in question or, in the case of the United Kingdom and Ireland, has his or her "domicile" there;
Jurisdiction in non-EU matters under Polish law
Jurisdiction of Polish courts in matrimonial matters and in matters relating to matrimonial property relationships is exclusive only if three conditions are fulfilled at the same time, namely, the spouses are Polish citizens, have their place of residence and habitual residence in Poland (Article 1103(1) § 2 of the Code of Civil Procedure). Although, as stated per §1 of the aforementioned Article, optional jurisdiction of Polish courts in matrimonial matters exists when at least one of the following circumstances occurs:- both spouses had their last domicile or last habitual residence in Poland if one of them still has a domicile or habitual residence there, or
- the plaintiff spouse (foreigner) has their place of residence or habitual residence in Poland for at least one year before the proceedings, or
- the plaintiff spouse is of Polish nationality and has been domiciled or habitually resident in Poland for at least six months before the proceedings, or
- both spouses are of Polish nationality.
- the child or the adoptee or adopters have their place of residence or habitual residence in the Republic of Poland, or
- the plaintiff, if different from the child, has his/her residence or habitual residence in the Republic of Poland for at least one year immediately before the institution of the proceedings, or
- the plaintiff, if different from the child, is a Polish citizen and has had, for at least six months immediately before the institution of proceedings, his or her place of residence or habitual residence in the Republic of Poland, or
- the plaintiff and the defendant are Polish citizens.