Application to resolve a dispute over an important decision concerning your child in Poland – when and how to file

Parents who both hold parental authority are supposed to make important decisions about their child jointly. In practice – particularly after separation – this is not always possible. Where one parent wants to obtain a passport for the child, change the child’s school, or take the child abroad, and the other refuses to agree, the situation can become a complete deadlock. Polish law provides a specific legal tool for exactly this situation: an application to the family court to resolve the dispute under Article 97 § 2 of the Family and Guardianship Code.

Table of contents

1. What are “important matters concerning the child”?
2. When can the court decide instead of the parents?
3. Which court and what does it cost?
4. What should the application contain?
5. Template application
6. Practical guidance
7. FAQ

What are “important matters concerning the child”?

The Family and Guardianship Code (Kodeks rodzinny i opiekuńczy) does not provide a closed list of “important matters concerning the child” – the concept is deliberately broad, to cover the wide variety of situations that arise in real family life. In practice, important matters include above all: the choice of school or educational institution; medical treatment (particularly surgical procedures and significant interventions); obtaining travel documents (a passport); travel abroad – particularly for a permanent or long-term stay; changing the child’s first name or surname; choice of religion; and decisions about the child’s place of residence.

Day-to-day matters – routine purchases, ordinary care, standard medical check-ups – do not require the agreement of both parents and each parent may handle these independently. The boundary is not always obvious in practice, and this is precisely what gives rise to disputes.

When can the court decide instead of the parents?

The legal basis is Article 97 § 2 of the Family and Guardianship Code, which provides that where parents cannot reach agreement on an important matter concerning the child, the family court (sąd opiekuńczy) resolves the dispute. This provision applies only where both parents hold full parental authority. Where one parent’s authority has been restricted or removed, the problem generally does not arise – decisions are made by the parent who holds full authority.

The court makes its decision guided solely by the welfare of the child. The question is not which parent is right in the dispute, but which decision better serves the child’s best interests. In our experience, an applicant who can demonstrate specific, concrete benefits for the child that would result from the decision sought is in a considerably stronger position than one who focuses on the conflict with the other parent.

Which court and what does it cost?

The application is filed with the family and juvenile division of the district court (sąd rejonowy, wydział rodzinny i nieletnich) for the child’s place of residence (Article 569 § 1 of the Code of Civil Procedure). Where the child has no fixed place of residence, the court for the child’s place of stay has jurisdiction.

The court fee is PLN 100, payable at the court cashier’s office or by bank transfer to the court’s account.

What should the application contain?

The application must precisely identify what specific matter the applicant is asking the court to resolve. A vague request is not sufficient – the court needs a clear and unambiguous claim: whether the application concerns permission to obtain a passport, a change of school, travel abroad, a change of name, or some other matter.

The statement of reasons should describe: why the decision is important for the child; what benefits for the child would result from it; why the other parent is refusing to agree (to the extent the applicant is aware); and what steps have been taken to reach an amicable resolution before the application was filed.

The following documents should be attached: a copy of the application (for service on the other party); proof of payment of the court fee; a full certified copy of the child’s birth certificate; a copy of any court order regulating parental authority (where one has been made); and any other documents referred to in the statement of reasons.

Template application

Poznań, _____________ [date]

District Court Poznań-Stare Miasto in Poznań Family and Juvenile Division IV ul. Młyńska 1a 61-729 Poznań

Applicant: (full name of parent) residing at: _______________________________ PESEL: ______________________________

Respondent: (full name of other parent) residing at: _______________________________ PESEL: ______________________________

Parents of the minor: (full name of child) residing at: _______________________________ PESEL: ______________________________

Court fee: PLN 100

Application to resolve a dispute over an important matter concerning the child

Acting on my own behalf, I apply for:

permission to (select as applicable: apply for a change of the child’s first name / change of the child’s surname / change of the child’s school / issue of a passport for the minor / travel abroad), given the impossibility of obtaining the agreement of the other parent.

Statement of reasons

(The statement of reasons should describe all relevant factual circumstances and the evidence supporting them. In particular, it should explain why the decision sought is in the child’s best interests, what the nature of the disagreement with the other parent is, and what steps have been taken to reach an amicable resolution before the application was filed.)

(signature of the applicant)

Attachments:

• copy of the application (for service on the respondent);
• proof of payment of the court fee;
• full certified copy of the minor’s birth certificate;
• copy of any court order regulating parental authority (where applicable);
• any other documents referred to in the body of the application.

Practical guidance

Before filing the application, document your attempts to reach agreement with the other parent. Correspondence – text messages, emails, written requests – showing that you genuinely tried to resolve the matter amicably strengthens your position and demonstrates to the court that its intervention is genuinely needed.

Focus the statement of reasons on the child’s welfare rather than on the conflict with the other parent. The court does not adjudicate which parent is right in a dispute – it assesses which decision better serves the child’s best interests. An application centred on this question is considerably more persuasive.

Where the matter concerns travel abroad or a change of the child’s place of residence, be prepared for the court to schedule a hearing and question both parents. More straightforward matters – such as obtaining a passport for a specific planned trip – are often resolved more quickly, sometimes without a full hearing.

FAQ

What can I do if the other parent refuses to sign the passport application for the child? An application should be filed under Article 97 § 2 of the Family and Guardianship Code, seeking permission for the passport to be issued. The court can substitute its own order for the other parent’s consent.

Can I file the application if the other parent has restricted parental authority? As a general rule, no – the procedure under Article 97 § 2 applies where both parents hold full parental authority. Where one parent’s authority has been restricted, the extent of their participation in decisions depends on the terms of the restriction order.

How long do the proceedings take? This depends on the complexity of the case and the court’s caseload. Straightforward matters – for example, permission for a passport for a specific planned trip – may be decided without a hearing, relatively quickly. More complex matters – such as a change of school or a permanent move abroad – will typically require a hearing.

Can the court refuse to grant the application? The court will always issue a ruling on the matter presented to it. It may, however, rule against the application – for example, refusing to grant the permission sought if it finds that the decision would not serve the child’s best interests.

Is mediation an option instead of going to court? Yes – family mediation is always worth considering before filing an application. Where the parents reach agreement through a mediator, the settlement can be approved by the court and carries the force of a final court order.

I am a foreign national – do these rules apply to my situation in Poland? Yes. Where the child is habitually resident in Poland and Polish law governs the exercise of parental authority, the procedure described in this article applies regardless of the parents’ nationality. EU Regulation Brussels IIb (2019/1111) governs jurisdiction over parental responsibility matters between EU member states. Where one parent lives abroad, cross-border recognition of the court’s order may be relevant – legal advice on the specific international aspects of the situation is recommended.

What if the dispute is about taking the child abroad on holiday rather than permanently? A temporary holiday trip is also an important matter requiring the agreement of both parents where both hold full parental authority. If the other parent refuses to agree, the same procedure under Article 97 § 2 applies. The court will consider the specific purpose, duration, and destination of the trip, and whether the child’s return is adequately secured.

Read more about how parental authority works in Poland and when the court can restrict or vary it → [link to relevant page]

The other parent is blocking an important decision about your child? 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 facts and documents involved. The law firm accepts no liability for actions taken on the basis of the information contained in this article. For 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