Obtaining Maintenance Abroad – New York Convention

ATTENTION! Text translated automatically from the Polish version.

Enforcement of maintenance on the basis of the New York Convention of June 20, 1956 applies when the person obligated to pay maintenance resides in the territory of one of the states party to the Convention (which is not a member state of the European Union).

Documents necessary for pursuing a claim under the New York Convention must be submitted to the Transmitting Agency (most often the President of the Regional Court at the place of residence of the entitled person).

List of documents:

  1. Application prepared according to the template and signed by the applicant in two copies (original and photocopy together with all attachments),
  2. Calculation of maintenance arrears and indication of the bank account number of the entitled person,
  3. Details regarding the grounds on which the entitled person bases their claim, indicating the type and amount of maintenance sought, and other relevant data,
  4. Copy of the judgment for transmission abroad (with dates from which the judgment is enforceable, final, and information that no ordinary appeal is available),
  5. Certificate (certified photocopy) of proof of service on the defendant of a summons and a copy of the statement of claim,
  6. Power of attorney with signature certified by a notary,
  7. Abbreviated copy of the child’s birth certificate,
  8. Abbreviated copy of the marriage certificate,
  9. If the child is over 16 years old – a certificate from the school of continued education,
  10. Photographs (1 each): of the entitled person and, to the extent possible, of the maintenance debtor.

After submitting the complete set of documents, the Receiving Agency takes all appropriate steps to obtain maintenance – it may settle the claim through a settlement, and if necessary, initiate and pursue court proceedings and enforce any judgment.

Regarding costs: entitled persons (under the Convention) receive the same treatment and the same exemptions from fees and costs as residents or citizens of the state in which proceedings are taking place.