Can a Polish Court Suspend Parental Authority During Divorce Proceedings?

Yes – and it happens more often than most people expect. Suspension of parental authority in the course of divorce proceedings is an institution that tends to catch both sides off guard. One parent had no idea it was possible. The other did not see it coming. Below I explain when and why a court can make this decision, and what it means in practice for the parents and the child.

Table of Contents

1. The court’s obligation – parental authority must always be addressed
2. When can parental authority be suspended?
3. Temporary or permanent – the distinction genuinely matters
4. The child’s best interests as a filter, not a formality
5. What if both parents face an obstacle?
6. Suspension is not deprivation – the consequences are different
7. What happens when the obstacle ends?
8. FAQ

The Court’s Obligation – Parental Authority Must Always Be Addressed

Before getting to suspension, one starting point: in every divorce case involving minor children, the court is obliged to rule on parental authority. Article 58 of the Polish Family and Guardianship Code leaves no discretion here. This is not a matter of either party’s application – it is a mandatory element of every divorce judgment.

In practice this means that even where both parents agree on everything and submit a joint proposal, the court still assesses whether the proposed arrangement serves the children’s best interests. Parental agreement matters, but it does not bind the court automatically.

When Can Parental Authority Be Suspended?

The legal basis is Article 110 § 1 of the Family and Guardianship Code. Suspension of parental authority is possible when there is a temporary obstacle to its exercise.

What does that cover? In practice, the most common situations include:

• a move abroad for work purposes – if it has a defined duration and the parent maintains regular contact with the child,
• a serious illness requiring prolonged treatment or hospitalisation,
• a stay at an addiction treatment centre,
• psychiatric hospitalisation,
• serving a custodial sentence – provided it is not a lengthy one.

Each of these situations may, but does not automatically, lead to suspension. The court assesses each case individually. And here things get genuinely interesting – because deciding what counts as “temporary” can be surprisingly difficult.

Temporary or Permanent – The Distinction Genuinely Matters

This distinction is critical, because it determines whether the court suspends parental authority or removes it altogether. Those are fundamentally different outcomes – legally and in terms of everyday life.

A temporary obstacle is one that will end within a foreseeable period – typically understood as a few months up to roughly two years, with a specific or at least probable end point.

A permanent obstacle is one with no visible end – a lengthy prison sentence, an irreversible psychiatric condition, a permanent severing of contact with the child.

In theory this sounds straightforward. In practice the line is blurry and depends on the specific circumstances – and, to be direct about it, on the individual judge’s assessment. A two-year move abroad for work can be a temporary obstacle if the parent calls the child regularly, comes back for holidays and has a return ticket. It can also be the beginning of a permanent disappearance – and courts are aware of this.

It also happens that an obstacle initially assessed as temporary turns out to be permanent. A father leaves for a year to work abroad, the court suspends his parental authority. A year later he does not return, contact stops, the declarations he made turn out to have meant nothing. In that situation the other parent can apply for the complete removal of parental authority – and the court, reassessing the nature of the obstacle, may grant that application.

The Child’s Best Interests as a Filter, Not a Formality

The mere existence of a temporary obstacle does not mean suspension is automatic. The court must assess whether suspension is actually necessary from the perspective of the child’s best interests.

An example: both parents leave Poland for several months and the child stays with their grandparents. Does it make sense to suspend one parent’s parental authority in this situation? Not necessarily – if the grandparents are providing effective day-to-day care and there is no immediate decision that needs to be formally taken, the court may find that suspension serves no practical purpose.

The situation changes when the child needs urgent surgery, needs to be enrolled in school for the new academic year, or needs consent given for psychological therapy – in short, when the inability of one parent to make decisions independently is actually blocking the child’s daily life. That is when suspension has real practical meaning.

This is an important lesson for parents who want to apply for suspension of the other parent’s authority: pointing to a trip abroad or an illness is not enough on its own. You need to show that suspension is needed – that something specific is or could be blocked without that decision.

What If Both Parents Face an Obstacle?

Less common, but it does happen – a situation where both parents face an obstacle at the same time. In that case the court suspends both parents’ parental authority and appoints a legal guardian for the child. The guardian then exercises parental rights and responsibilities until at least one parent regains the ability to exercise their authority.

The guardianship ends when the suspension is lifted for at least one parent, or when the child reaches adulthood.

Suspension Is Not Deprivation – The Consequences Are Different

This distinction matters and is worth keeping in mind, because the two are frequently confused.

A parent whose parental authority has been suspended:

• cannot make decisions on significant matters concerning the child,
• does not represent the child legally and does not manage the child’s assets,
• retains the right to contact with the child – unless the court decides otherwise,
• remains liable for child maintenance.

Suspension is a transitional state, premised on the parent returning to full rights once the obstacle ends. Deprivation of parental authority is a deeper and – in principle – more lasting intervention. The difference is significant not only legally but also in human terms: suspension is not a stigma, it is a response to circumstances.

What Happens When the Obstacle Ends?

Under Article 110 § 2 of the Family and Guardianship Code, when the temporary obstacle ceases to exist, the court lifts the suspension order and the parent regains full parental authority.

In practice this means the parent must file an application with the family court and demonstrate that the obstacle has genuinely ended. The court may require documentation – medical certificates, therapists’ reports, confirmation of place of residence. This is not a formality but a real examination of whether circumstances have changed.

One important point: the court does not lift the suspension automatically. The initiative lies with the parent who wants to recover full rights. The better documented the change in circumstances, the more smoothly the proceedings will go.

It is also worth knowing that if an obstacle that initially seemed temporary turns out to be permanent, the court should lift the suspension order and consider removing parental authority altogether. This does not happen automatically – it requires an application from the interested party and a fresh assessment by the court.

FAQ

Does suspension of parental authority affect child maintenance? No. The maintenance obligation exists independently of parental authority and continues regardless of whether authority is full, suspended or removed.

Can a parent whose authority is suspended still see the child? As a general rule, yes – suspension of parental authority does not remove the right to contact. The court may however separately restrict or regulate contact if the child’s best interests require it.

Can I apply for suspension of the other parent’s authority in my divorce petition? Yes. The request can be included in the divorce petition itself or raised during the proceedings. It is worth setting out the grounds clearly and supporting them with evidence – simply pointing to a move abroad or an illness will not be sufficient on its own.

What if the obstacle arises after the divorce has been finalised? In that case the competent court is the family court – the family division of the district court with jurisdiction over the child’s place of residence. The application is filed as a separate non-contentious proceeding.

How long does a proceeding to lift a suspension take? It depends on the court and how complete the documentation is. A well-prepared application with a full set of supporting documents can be resolved at a single hearing. Cases that are contested or require expert opinions take longer.

Is a suspension of parental authority recorded anywhere? There is no central register of parental authority orders in Poland. The information is contained in the case file and can be made available to institutions – such as schools or medical facilities – on request or on the application of the parent exercising authority.

I am a foreign national living in Poland. Does Polish law on parental authority apply to me? It depends on which country’s law governs your family situation – this is determined by rules of private international law, including EU regulations where applicable. As a general principle, if the child habitually resides in Poland, Polish courts have jurisdiction and Polish family law is likely to apply. This is an area where individual legal advice is particularly important.

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

Do you need legal help with a parental authority case 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