ATTENTION! Text translated automatically from the Polish version.
The creditor (the parent caring for the minor child) directs to the Transmitting Agency (President of the Regional Court competent for the creditor’s place of residence) a request to forward the case to the appropriate Receiving Agency in the USA or Canada.
When the debtor’s address is known – required documents:
- Application for declaration of enforceability and compulsory enforcement of the judgment (in the USA additionally a uniform application in a maintenance matter),
- Copy of the final maintenance ruling in the form provided for in international legal practice (NOTE: for the USA there must be 3 identical copies),
- Certificate with English translation (USA) or copies of documents (Canada) confirming that the debtor who did not participate in proceedings received notice of their initiation,
- Written declaration before a notary of the amount of maintenance arrears (CANADA only),
- 3 copies of the certificate of enforceability of the judgment, a special form filled out by the court (USA only),
- For the USA additionally: forms regarding search for the debtor/debtor’s assets, information about the judgment, and a statement of arrears.
When the debtor’s address is not known:
- Application to search for the debtor,
- Copy of the maintenance ruling with a statement of finality and enforceability.
NOTE: In the case of enforcement of maintenance from Canada, knowledge of the debtor’s address is required – there is no possibility of filing an application to search for the debtor!
Reciprocity principle in Canada
The reciprocity principle applies in the provinces of: Alberta, Manitoba, New Brunswick, Newfoundland and Labrador, Nova Scotia, Ontario, Saskatchewan, Prince Edward Island, and the territories of: Northwest Territories, Yukon.
The reciprocity principle does not apply in the provinces of: British Columbia, Quebec, and the territory of Nunavut – in these areas, claims may only be realized on the basis of voluntary submission to the obligation by the obligated person.