Application to restrict parental authority in Poland – when, how and why to act

Maria Zarzycka- 17 March 2026

Application to restrict parental authority in Poland – when, how and why to act

Deciding to apply to restrict the other parent’s parental authority is never an easy step. It is most commonly taken by parents who can see that the other parent is neglecting the child, misusing alcohol, showing no interest in the child’s life, or simply failing to fulfil their parental responsibilities. Polish law provides concrete tools for situations like these – and this article explains what they are and how to use them.

Table of contents

What is restriction of parental authority and when does it apply?
What is the legal basis?
Which court handles the application and what does it cost?
Template application to restrict parental authority
What to write in the statement of reasons
What documents to attach
FAQ

What is restriction of parental authority and when does it apply?

Restriction of parental authority is a protective measure applied by the family court where the child’s welfare is at risk and one parent’s conduct raises serious concerns about their capacity to exercise proper care. It is not a punishment for the parent – it is a tool whose sole purpose is to protect the child.

Restriction of parental authority means that the parent formally retains parental authority, but its scope is narrowed to specific matters set out in the court order – for example, limited to jointly deciding on the choice of school and receiving information about the child’s medical treatment, with no right to make day-to-day decisions about the child’s life.

Typical situations that may justify an application include: a parent’s alcohol or substance dependency; gross neglect of parental responsibilities; a prolonged and complete absence of any interest in the child; causing disturbances in the child’s presence; or a pattern of claiming decision-making rights over the child while taking no practical part in the child’s life.

What is the legal basis?

The primary legal basis for an application is Article 109 of the Family and Guardianship Code (Kodeks rodzinny i opiekuńczy), which provides that where the child’s welfare is at risk, the family court shall issue appropriate orders. The court may, among other things, require the parents to follow a particular course of conduct, refer them to specialist facilities, place the exercise of parental authority under the permanent supervision of a court-appointed welfare officer, or – in more serious cases – restrict parental authority to specified obligations and rights in relation to the child.

Where the child’s parents live separately, Article 107 § 2 of the Family and Guardianship Code is also relevant: it allows the court to entrust the exercise of parental authority to one parent while restricting the other parent’s authority to specified obligations and rights.

The application is heard in non-contentious proceedings (postępowanie nieprocesowe) – which means the parties are the applicant and the participant rather than claimant and defendant, and the procedure is somewhat more flexible than in contested civil proceedings.

Which court handles the application 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) with jurisdiction over the child’s place of residence. Where the child’s place of residence cannot be established, the court for the child’s place of actual stay has jurisdiction.

For residents of Poznań, the relevant court depends on the child’s exact address: it may be the Poznań-Stare Miasto District Court, the Poznań-Grunwald i Jeżyce District Court, or the Poznań-Nowe Miasto i Wilda District Court. Each court publishes on its website a list of the streets and localities within its jurisdiction.

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

Template application to restrict parental authority

Poznań, _____________ [date]

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

Applicant: (full name) residing at: _______________________________ PESEL: _____________________________

Participant: (full name) residing at: _______________________________ PESEL: _____________________________

Parents of the minor: (child’s full name) residing at: _______________________________ PESEL: _____________________________

Court fee: PLN 100

Application to restrict parental authority

Acting on my own behalf, on the basis of Article 109 of the Family and Guardianship Code, I apply for:

Restriction of the participant’s (full name) parental authority over the parties’ joint minor child (child’s full name), born on _____________ in _____________, to jointly deciding on the most significant matters concerning the child, namely the choice of school and obtaining information about the scope and method of any medical treatment;
Admission of evidence from the documents referred to in this application for the purpose of establishing the fact of _________________;
Admission of evidence from the testimony of the following witnesses:
- (full name), residing at _____________ – to give evidence as to the participant’s failure to care for the upbringing and maintenance of the parties’ minor child; the participant’s lack of interest in the minor child; the absence of contact between the participant and the minor child; the participant’s failure to fulfil parental obligations; and the participant’s failure to provide guarantees of proper upbringing and care for the minor child;
- (full name), residing at _____________;
Admission of evidence from the examination of the parties for the purpose of establishing the facts set out in point 3 above;
An order that the participant reimburse the applicant’s costs of the proceedings in accordance with the applicable scales.

Statement of reasons

(The statement of reasons should describe in the applicant’s own words the circumstances showing that the participant is failing to fulfil their parental obligations properly, and set out specifically what that failure consists of. Each assertion should be supported by appropriate evidence.)

(signature of the applicant)

Attachments:

copy of the application and attachments (for service on the participant);
proof of payment of the court fee;
full certified copy of the child’s birth certificate;
full certified copy of the marriage certificate (if applicable);
any other documents referred to in the body of the application.

What to write in the statement of reasons

The statement of reasons is the most important part of the application. It must demonstrate that the child’s welfare is at risk as a result of the other parent’s conduct. A general assertion is not sufficient – the court expects specific facts, dates, and evidence.

It is worth describing: how long the neglect of parental responsibilities has been going on; what it specifically consists of (absence of contact, failure to pay maintenance, addiction, causing disturbances in the child’s presence); how the parent’s conduct is affecting the child; and what steps have been taken to try to improve the situation.

In our experience, the most common shortcoming in applications of this kind is a statement of reasons that is too emotional and too general, lacking specific dates and evidence. The court needs facts, not evaluations. Every assertion should be supported by at least one piece of evidence – a witness statement, a document, or a photograph.

What documents to attach

The application should be supported by a certified copy of the child’s birth certificate; a certified copy of the marriage certificate or court order establishing paternity (where applicable); documents evidencing the neglect (medical certificates, school or nursery reports, records of any interventions by police or social services); evidence of contact or its absence (printed messages, photographs, notes); and, where the participant has a dependency problem, any available records of treatment.

FAQ

Does restriction of parental authority mean the parent loses the right to contact with the child? No. Restriction of parental authority and the right to contact with the child are two entirely separate legal institutions. Restriction of parental authority does not deprive the parent of contact rights – those are regulated separately under Article 113 of the Family and Guardianship Code.

Can I file the application without a lawyer? Yes – non-contentious proceedings do not require legal representation. The template in this article can serve as a starting point. In more complex cases – involving addiction, domestic violence, or deeply entrenched conflict – the assistance of a lawyer significantly increases the prospect of obtaining the outcome sought.

How long do the proceedings take? Non-contentious family proceedings are generally faster than adversarial proceedings. As a rough guide, they take between several months and approximately one year, depending on the court’s workload and whether expert psychological reports or a welfare officer’s investigation are required.

Can the court restrict parental authority without an application being filed? Yes. The family court (sąd opiekuńczy) may act on its own initiative at any time if it receives information that the child’s welfare is at risk – for example, following a report from a school, a social services authority, or the public prosecutor.

Can a restriction of parental authority be lifted? Yes. Where the reason that justified the restriction ceases to exist, the court may restore full parental authority on the application of the interested parent.

I am a foreign national living in Poland – does this procedure apply to me? Yes. Where the child is habitually resident in Poland, the Polish family court has jurisdiction over matters of parental authority and the procedure described in this article applies regardless of the parents’ nationality. Documents in languages other than Polish must be accompanied by a sworn translation before they can be submitted to the court.

What is the difference between restriction, suspension and deprivation of parental authority? Restriction (ograniczenie, Article 109 of the Family and Guardianship Code) narrows the scope of parental authority while leaving it formally in place. Suspension (zawieszenie, Article 110 of the Family and Guardianship Code) temporarily removes the exercise of parental authority due to a temporary obstacle, such as a serious illness. Deprivation (pozbawienie, Article 111 of the Family and Guardianship Code) is the most serious measure and removes parental authority entirely, typically where there is abuse, gross neglect, or persistent disregard of the child’s welfare.

Read more about the difference between restriction, suspension and deprivation of parental authority in Poland → [link to relevant page]

Considering an application to restrict parental authority and want to know how to prepare? 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