When can a Polish court remove parental authority?

Removal of parental authority is the most serious intervention a family court can apply. It is not a routine measure – courts reach for it only when a child’s wellbeing is genuinely and seriously at risk, and where less drastic steps have proven ineffective or are simply not an option. What exactly needs to be established for a court to remove parental authority? And what does it mean in practice – for the parent and for the child?

Table of Contents

1. When a court must remove parental authority – the three mandatory grounds
2. Permanent obstacle – what does this mean?
3. Abuse of parental authority
4. Gross neglect of parental duties
5. When a court may, but does not have to, remove authority
6. Removing one parent’s authority, not both
7. What removal changes – and what it does not
8. Can parental authority be restored?
9. FAQ

When a court must remove parental authority – the three mandatory grounds

The legal basis is Article 111 § 1 of the Family and Guardianship Code (Kodeks rodzinny i opiekuńczy). The provision is unambiguous: if any one of three specified grounds is established, the guardianship court shall remove parental authority. It cannot defer the decision or substitute a milder measure.

Those three grounds are: a permanent obstacle preventing the exercise of parental authority, abuse of parental authority, and gross neglect of parental duties towards the child.

This is what distinguishes removal from limitation or suspension of parental authority – in those cases the court has discretion. Under Article 111 § 1, it does not.

Permanent obstacle – what does this mean?

A permanent obstacle is a situation that prevents the exercise of parental authority on a lasting basis, or for a period whose length cannot be determined. It means something more than a temporary absence or a difficult period in someone’s life.

Typical examples recognised in judicial practice include: a parent relocating permanently abroad with no contact whatsoever with the child, a lengthy custodial sentence, serious mental illness preventing the exercise of care, a parent going missing, or admission to a medical facility due to an incurable illness.

The key distinction is this: physical absence alone is not automatically a permanent obstacle. A parent living abroad who maintains regular video contact with their child, takes an active interest in their education and health, pays maintenance and participates meaningfully in the child’s life does not give grounds for removal of parental authority. The situation is different where a parent cuts all contact and gives no sign of life for years.

Abuse of parental authority

This ground covers a wide range of conduct – but in every case it involves behaviour that is seriously reprehensible and directed against the child’s wellbeing or causing the child real harm.

Courts treat the following as abuse of parental authority: physical or psychological violence towards the child, sexual abuse, forcing the child to work beyond their capacity, inciting the child to commit a criminal offence, persistently turning the child against the other parent combined with manipulation of the child’s perception of reality, and taking the child abroad permanently in defiance of the other parent’s rights and wishes.

An important qualification: courts do not act on isolated incidents. For abuse of parental authority to justify removal, there must be a repeated, entrenched pattern of behaviour that materially harms the child. A single serious episode – even a grave one – is generally not enough.

Gross neglect of parental duties

The third ground concerns extreme neglect of a child in matters fundamental to their proper development. This is not about minor shortcomings or parenting difficulties – it involves serious, persistent failures in the most basic areas of care.

Examples that courts treat as gross neglect include: failure to obtain medical help for a seriously ill child, years of severing all contact with a child placed in foster care, persistent non-payment of maintenance combined with a complete absence of interest in the child, failure to provide minimum living conditions, and deliberately preventing the child from attending school.

Consider a situation where a parent repeatedly leaves young children alone without adequate care or food, despite interventions by social services and repeated undertakings to improve the situation. If the pattern continues, the court has grounds to remove parental authority. The law leaves no room for manoeuvre in such cases.

When a court may, but does not have to, remove authority

Alongside the mandatory grounds, there is also a discretionary ground under Article 111 § 1a of the Family and Guardianship Code. This applies where a child has been placed in foster care or a residential care facility, and the parents persistently show no interest in the child over time – they do not visit, maintain no contact, and take no part in the child’s life in any way.

In this situation the court may remove parental authority, but is not obliged to – it assesses the full picture. In practice, courts exercise this option where parental disengagement has lasted a considerable time (typically at least several months, often longer) and there is no indication that anything is likely to change.

Removing one parent’s authority, not both

Removal of parental authority can apply to just one parent – and in the majority of cases that is precisely what happens. If one parent abuses their authority or grossly neglects their duties while the other functions properly, the court removes authority only from the first. The other retains full parental rights.

This matters practically: the parent who is providing adequate care loses nothing and gains full autonomy in making decisions about the child.

What removal changes – and what it does not

A parent whose parental authority has been removed loses the right to make decisions on significant matters affecting the child – education, medical treatment, travel abroad, choice of place of residence, management of the child’s assets. They cannot represent the child legally or consent to the child’s adoption.

What removal does not change: the maintenance obligation. A parent stripped of parental authority must still financially support the child in accordance with the child’s needs and their own earning capacity. This obligation is entirely independent of parental authority and continues regardless of the court’s ruling on that point.

Importantly, removal of parental authority does not automatically mean a ban on contact with the child. Contact is a separate legal institution governed by Article 113 of the Family and Guardianship Code, and the court regulates it independently, guided by the child’s best interests. It is possible for a parent who has lost parental authority to retain the right to regular meetings with their child – if those meetings serve the child’s development.

Can parental authority be restored?

Yes – and this is important information for parents who want to change their conduct. Under Article 111 § 2 of the Family and Guardianship Code, if the cause that gave rise to the removal of parental authority has ceased to exist, the court may restore it.

In practice, a parent must demonstrate real and lasting change – not declarations, but concrete evidence: completed addiction treatment, a stable living and housing situation, a relationship with the child that has been gradually rebuilt, and regular payment of maintenance. The court typically seeks expert psychological opinions and assesses whether restoration genuinely serves the child’s interests.

A critical qualification: even where the ground for removal has formally ceased to exist, the court will not restore parental authority automatically. The child’s best interests are paramount – if restoration could harm the child, the application will be dismissed.

FAQ

Is removal of parental authority the same as a ban on contact with the child? No. These are two entirely separate legal institutions. Removal of parental authority concerns the right to make decisions about the child’s life. Contact is regulated under Article 113 of the Family and Guardianship Code and may be maintained even after parental authority has been removed – if the court considers this to be in the child’s interests.

Who can apply for removal of parental authority? An application can be made by the other parent, a prosecutor, the Children’s Rights Ombudsman (Rzecznik Praw Dziecka), or a voluntary organisation whose statutory purpose includes the protection of children’s rights. The court may also initiate proceedings of its own motion – for example, after receiving a report from a school, social services or the police.

How long do proceedings for removal of parental authority take? This depends on the complexity of the case. Proceedings typically include an environmental report prepared by a court officer (kurator), expert opinions from psychologists and educators, and the examination of witnesses. In urgent cases the court may apply interim measures – temporarily limiting or suspending parental authority – while the proceedings are still ongoing.

Does a parent’s alcoholism automatically lead to removal of parental authority? Not automatically – but it can form a basis for removal if it is accompanied by gross neglect of the child or abuse of parental authority. A problem with alcohol, where the parent is nonetheless providing adequate care for the child, is not in itself a sufficient ground. The court assesses the actual impact of the parent’s behaviour on the child’s wellbeing.

Can a parent living abroad have their parental authority removed? Yes – if the move abroad is accompanied by a complete severance of contact with the child and a total absence of interest in the child’s life. Physical absence alone, where the parent remains actively involved in the child’s life from a distance, does not constitute a permanent obstacle within the meaning of Article 111 § 1 of the Family and Guardianship Code.

I am a foreign national living in Poland with a child – does this framework apply to me? Yes. The rules described in this article apply regardless of nationality, provided the Polish courts have jurisdiction – which is generally the case where the child habitually resides in Poland. One point worth noting for foreign nationals: the concept of parental authority (władza rodzicielska) in Polish law encompasses both the right to make decisions about the child and the duty of care. It is a broader concept than “custody” as understood in some other legal systems. If you are concerned about proceedings that may affect your parental rights in Poland, seeking legal advice early is strongly recommended.

What is the difference between removal and limitation of parental authority? Limitation (ograniczenie) is a less drastic measure – the court reduces the scope of a parent’s authority, for example by requiring their consent for specific decisions to be obtained through the court, or by placing the child under the supervision of a probation officer. Removal (pozbawienie) extinguishes parental authority entirely. Courts generally treat removal as a measure of last resort, applied where limitation has proved ineffective or where the circumstances make it clear from the outset that a less drastic response would be inadequate.

Do you need legal assistance in a case involving parental authority in Poland? Call: +48 531 335 713 or email: kancelaria@prawnikodrozwodu.pl

This article is for general informational purposes only and does not constitute legal advice. Every family law case is individual and requires analysis of the specific circumstances and documents involved. The law firm accepts no liability for actions taken on the basis of the information contained in this article. For legal advice tailored to your situation, please contact our office.

Kancelaria Prawa Rodzinnego (Family Law Office): Adwokat Michalina Koligot, Adwokat Marta Krzyżanowicz, Adwokat Anna Konrady, Radca prawny Joanna Jędrzejewska ul. Mickiewicza 18a/3, 60-834 Poznań | tel. +48 531 335 713 | kancelaria@prawnikodrozwodu.pl | www.prawnikodrozwodu.pl