The article describes in details the cross-border case of parental abduction handled by KG Legal Kiełtyka Gładkowski. It also includes an expert comment made by the founding partner, Jakub Gładkowski: “As a rule, under the Hague Convention, the court should order the return of the child to the country from which he or she came, in order to restore the original state from before the departure, so that the competent court of the country from which the child left, could settle all the parental matters regarding the family in its competent jurisdiction. However, there are two exceptions to this rule according to art. 13 of the Hague Convention, namely the case when the remaining parent did not exercise parental authority over the abducted child or when the child return would pose a grave risk for the child (mental or physical) or would otherwise place the child in an unbearable situation”.
KG LEGAL KIEŁTYKA GŁADKOWSKI included in the top 8 in the category PRIVATE CLIENT in Poland, in the world ranking of the best law firms in the world The Legal 500 – EMEA 2019.
“KG Legal Kiełtyka Gładkowski‘s Małgorzata Kiełtyka is ‘an expert in her field‘ and is praised for her ‘understanding of clients’ needs‘. Kiełtyka handles issues relating to international family and guardianship law, property, immigration, international wealth and tax.”
Link to the official Legal 500 website: https://www.legal500.com/c/poland/private-client
KG Legal Kiełtyka Gładkowski, acting on behalf of one of the Austrian banks, has successfully enforced the entire debt, with interest and costs, against the Polish business entity, in court and bailiff proceedings in Poland. KG Legal succeeded in being granted a freezing order in respect of the debtors assets, which speeded up the repayment procedure.
KG Legal, acting in behalf of the Polish wholesaler, sues before the Polish Court (Regional Court in Warsaw) a Dutch seller, in the European order for payment procedure, based on the Regulation (EC) No 1896/2006. KG Legal anchored the litigation to the Polish jurisdiction based on the fact that the sale was organized under DAP Incoterms 2010 rules and based on the Regulation (EU) no 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.