Summary
The court of first instance issued the judgment on a divorce and, during the same proceedings, ruled on matters relating to parental responsibility. The court of second instance disagreed with the initial judgment and emphasised that the Brussels IIa Regulation clearly separates the jurisdiction for divorce and the jurisdiction in matters relating to parental responsibility. Due to the fact that the children live in France, it is the French court that has jurisdiction in matters relating to parental responsibility, and not the Polish court, which had ruled on the divorce. Exceptions to the general rule referred to in Article 8 par. 1 of the Brussels IIa Regulation are provided for in Articles 9, 10 and 12 of Brussels IIa Regulation. Article 12 of Brussels IIa Regulation does not apply in this case because the father had contested the jurisdiction of the Polish court.
The court of second instance disagreed with the decision of the court of first instance, according to which Polish courts shall have jurisdiction under Art. 15 of Brussels IIa Regulation. The appellate court pointed out that the application of this article requires a number of actions to be taken by the court which has jurisdiction, which in this case the French court. The court of second instance emphasised that the French court rejected the claim for contact with the children. The French court by issuing this decision did not intend to transfer its jurisdiction to the Polish courts under Art. 15 of Brussels IIa Regulation.