Can a parent lose parental authority in Poland for doing nothing?

Imagine a parent who has never once called to ask how their child is doing, has never contributed a single zloty towards the child’s upbringing, and has shown no interest in the child’s life since birth. Not because they cannot – simply because they choose not to. Does Polish law leave the other parent and the child without recourse? No. Polish family law provides concrete legal tools to formally end a situation where someone holds parental authority in name only.

This article is aimed particularly at foreign nationals living in Poland who may be unfamiliar with how the Polish system works – and who may be surprised to find that concepts like “parental authority” operate quite differently here than in their home countries.

Table of contents

1. What is parental authority under Polish law?
2. When can a court remove parental authority?
3. Passivity as grounds – what Polish courts say
4. Losing parental authority does not mean losing contact rights
5. How to apply and what to expect
6. FAQ

What is parental authority under Polish law?

Parental authority (władza rodzicielska) is the set of rights and obligations that both parents hold towards their child: responsibility for the child’s health, upbringing, education, property, and legal representation. It arises automatically at birth under Article 93 of the Family and Guardianship Code (Kodeks rodzinny i opiekuńczy) and belongs to both parents regardless of whether they are married.

For foreign nationals, it is worth understanding that parental authority in Poland is broader in scope than the concept of “custody” as understood in many common law systems. It covers not just day-to-day care but also major decisions about the child’s life – schooling, medical treatment, travel abroad, change of residence. Both parents with full parental authority must agree on these significant matters, even if the child lives primarily with one of them.

Removal of parental authority is not a punishment. It is a protective measure applied by the court when a parent’s continued possession of that authority is contrary to the child’s best interests.

When can a court remove parental authority?

The legal basis is Article 111 § 1 of the Family and Guardianship Code, which sets out three grounds for removing parental authority. The first is a permanent obstacle to its exercise – for example, a long-term serious illness or a lengthy prison sentence that makes it factually impossible for the parent to fulfil their role. The second is abuse of parental authority – physical or psychological harm to the child. The third, and most relevant to this article, is gross neglect of parental duties (rażące zaniedbywanie obowiązków rodzicielskich).

This third ground covers situations where a parent exists in the child’s life only on paper. No contact, no financial support, no interest in the child’s development, no participation in decisions. Polish law requires that the neglect be gross – meaning serious, clear, and lasting, not a one-off lapse or a temporary difficulty caused by exceptional circumstances.

Passivity as grounds – what Polish courts say

The Regional Court (Sąd Okręgowy) in Poznań addressed precisely this type of situation in case reference IV RC 477/13. The case concerned a father who had shown no interest in his daughter from birth. As the court’s reasoning sets out, the father had not seen the child after birth, had not contributed to the costs of the child’s upbringing or to preparations before the birth, had not contacted the mother to arrange any form of access, had not enquired about the child’s development, and had provided no financial support.

The court concluded: “There is no doubt that the defendant has shown no interest in the minor child; in particular, he does not assist the mother in caring for or raising the child. Moreover, apart from incidental meetings, there has been no contact between the defendant and his daughter. In addition to the absence of any personal involvement in the child’s upbringing, it should be noted that the defendant contributes only to a very limited extent to the child’s maintenance. The foregoing leads to the conclusion that the conditions for depriving the defendant of parental authority over the minor child are currently satisfied.”

What does this mean in practice? The court does not require a parent to have actively harmed the child. Complete passivity – no contact, no financial contribution, no interest – can be just as strong a basis for removal of parental authority as conduct that directly damages the child. The court asks one fundamental question: does this parent’s continued possession of parental authority serve the child’s best interests?

Losing parental authority does not mean losing contact rights

This distinction is frequently misunderstood, and it matters enormously – particularly for foreign nationals navigating the Polish system.

Removal of parental authority does not automatically bring an end to the parent’s right to contact with the child. Contact (kontakty z dzieckiem) is governed by Article 113 of the Family and Guardianship Code and is treated as an entirely separate matter from parental authority. Contact rights belong to both the child and the parent, and they exist independently of whether parental authority has been removed.

This means that even after parental authority has been removed, the court may – and in some circumstances should – maintain the parent’s right to contact if this serves the child’s interests. In practice, however, where removal follows from complete absence and disengagement, courts often simultaneously restrict or suspend contact as well. These are two distinct decisions, made on two distinct legal bases.

For foreign nationals, this distinction has a further practical dimension: if you are seeking removal of parental authority because the other parent is absent, the court will treat the contact question separately. You should address both issues explicitly in your application if you want the court to consider them together.

How to apply and what to expect

Proceedings for removal of parental authority are heard by the family and juvenile division of the district court (sąd rejonowy, wydział rodzinny i nieletnich) with jurisdiction over the child’s place of residence in Poland. You can file a standalone application in non-contentious proceedings (postępowanie nieprocesowe), or the matter can be joined to other ongoing proceedings – for example, a maintenance case or a contact dispute.

The application should describe specific facts: how long the other parent has been absent, what attempts have been made to establish contact, whether maintenance is being paid, and in what ways the parent has been absent from the child’s life. Supporting documents make a significant difference: unanswered messages, records showing no maintenance payments, school or medical records listing only one parent as present and involved. The more thoroughly the other parent’s passivity is documented, the smoother the proceedings tend to be.

Once the application is filed, the court will schedule a hearing and will typically commission a welfare report from a court-appointed probation and welfare officer (kurator sądowy). For older children, the court may also hear the child’s views. If the legal grounds are established, the court will issue an order removing parental authority.

One important point: under Article 111 § 1a of the Family and Guardianship Code, parental authority can be restored if the reason for its removal ceases to exist. Removal is therefore not necessarily permanent – a parent who can demonstrate a genuine and lasting change in their circumstances and attitude may apply to have authority restored.

A practical note for foreign nationals: all documents submitted to a Polish court must be in Polish. Documents in other languages require a sworn translation (tłumaczenie przysięgłe). If the child was born abroad or the other parent lives outside Poland, additional procedural questions may arise regarding jurisdiction and service of documents. Legal advice on the specific situation is strongly recommended before filing.

FAQ

Does removal of parental authority mean the parent no longer has to pay child maintenance? No. The maintenance obligation arises from parenthood itself (Article 128 of the Family and Guardianship Code) and is entirely independent of parental authority. Removal of parental authority does not extinguish the obligation to pay maintenance.

Can the court act without an application being filed? Yes. The family court (sąd opiekuńczy) can act on its own initiative if it becomes aware of a threat to the child’s wellbeing. In practice, however, most cases of this kind are initiated by the other parent, the public prosecutor, or an institution such as a school or social services authority.

How long do the proceedings take? This varies considerably depending on the court’s workload, whether a welfare report is ordered, and whether the other parent contests the application. Uncontested cases can be resolved within a few months; contested proceedings may take considerably longer.

Can parental authority be restored after it has been removed? Yes. Article 111 § 1a of the Family and Guardianship Code expressly provides for restoration of parental authority where the reason for removal has ceased to exist. The parent seeking restoration must demonstrate to the court that their circumstances and attitude towards the child have genuinely and lastingly changed.

I am a foreign national – which country’s courts have jurisdiction over my child? Where the child is habitually resident in Poland, Polish courts generally have jurisdiction over matters of parental authority under EU Regulation No 2201/2003 (Brussels IIa) as between EU member states, and under bilateral treaties or general principles of private international law as regards non-EU countries. If the other parent lives abroad, questions of service of documents and cross-border enforcement may arise. These situations are fact-specific and legal advice is recommended.

Does removal of parental authority affect inheritance rights? Not directly. Removal of parental authority does not in itself affect either the parent’s right to inherit from the child or the child’s right to inherit from the parent. Disinheritance requires separate legal steps – either a will specifically disinheriting the person, or a court declaration of unworthiness to inherit (niegodność dziedziczenia).

Can I deal with this matter without speaking Polish? You have the right to an interpreter at court hearings. However, all written documents submitted to the court must be in Polish, and communication with the court outside of hearings is conducted in Polish. Engaging a Polish-speaking lawyer to handle the procedural aspects is strongly advisable if your Polish is limited.

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

Concerned about a situation where the other parent is absent from your child’s life? We can help you assess your options. 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