Summary
The mother, filed an application of deprivation of parental authority against the child’s father. She stated that the Polish court shall have jurisdiction under Article 12 par. 3 of the Brussels II bis Regulation. The mother emphasised, that although she and her daughter live in Ireland, the child is of Polish nationality, and therefore has her legal domicile in Poland. The father, a Polish citizen, is also resident in Poland. The court stated that it has no jurisdiction under Article 8 par. 1 of the Brussels II bis Regulation. The court then found that Article 12 par. 3 cannot be applied. It stated that the condition laid down in Article 12 par. 3-letter b had not been fulfilled. It decreed that all the parties to the proceedings should have accepted the jurisdiction, at the time the court was seised.