Child Contact and Parental Authority in Poland – Why They Are Not the Same Thing

This article is for general informational purposes only and does not constitute legal advice.

One of the most common misconceptions we encounter in our work with clients goes something like this: “The court limited his contact to two weekends a month, so surely he can’t have a say in which school she goes to?” The answer is: not necessarily. Child contact arrangements and parental authority are two separate legal institutions in Polish law – and confusing them generates conflicts that often did not need to arise at all.

Table of Contents

1. What does Polish law say?
2. What does this mean in practice?
3. When parents cannot agree
4. The limits of contact entitlements
5. Schools and institutions – what to be aware of
6. When parental authority is restricted
7. FAQ

What Does Polish Law Say?

Article 113 § 1 of the Polish Family and Guardianship Code states it directly: contact with a child is independent of parental authority. A short provision, but one of fundamental importance.

In practice this means that a court order regulating contact – how many times a month, which weekends, which holidays – does not by itself change anything about parental authority. And conversely: a restriction of parental authority does not automatically change the contact arrangements.

These two elements exist alongside each other but operate independently. A court can shape them separately – and frequently does.

What Does This Mean in Practice?

Consider a typical post-divorce situation: the child lives with the mother, the father has contact every other weekend and on specified public holidays. If the court did not restrict the father’s parental authority at the same time, he retains full rights to participate in all significant decisions about the child – despite seeing the child infrequently.

What does full parental authority actually cover?

• joint decision-making about the choice of school,
• giving consent to medical procedures,
• access to medical and school records,
• attending parents’ evenings and school events,
• joint decision-making about the child travelling abroad,
• a say in other significant decisions about the child’s upbringing.

For many clients this comes as a genuine surprise – both for those who did not realise they still hold these rights despite limited contact, and for those who assumed that the other parent’s infrequent visits had automatically reduced their say in important matters.

When Parents Cannot Agree

Full parental authority on both sides sounds straightforward in theory. In practice it means both parents must agree on every significant decision about the child – which can be genuinely difficult when the relationship between them is strained.

What happens then? Article 97 § 2 of the Family and Guardianship Code provides that where parents cannot agree on a significant matter concerning the child, the family court (sąd opiekuńczy) decides. This is a last resort – but a real and effective one.

Before going to court, however, it is worth considering family mediation. A mediator does not issue rulings and does not take sides – but they can create conditions for a conversation that would otherwise be impossible. Arrangements reached through agreement – even hard-won agreement – tend to be far more durable in practice than those imposed by a court order.

The Limits of Contact Entitlements

There is another side to this worth addressing directly. A parent whose contact has been regulated to specific times cannot unilaterally extend those arrangements – even with the best of intentions.

Collecting the child from school outside the agreed schedule, taking the child for weekends not covered by the order, keeping the child longer than the order provides – all of this can be treated as a breach of the court order. In contested cases, it frequently is treated that way.

The consequences can be serious: enforcement proceedings, financial penalties, and potential adverse impact on future orders concerning contact or parental authority.

Schools and Institutions – What to Be Aware Of

Polish educational institutions are required to comply with court orders. If a court order limits one parent’s right to collect the child from school, the head teacher and class teacher have a legal basis to refuse to release the child to that parent.

The problem is that the school needs to know about the order. The parent with day-to-day care of the child should provide the institution with a copy of the current court order – a verbal explanation is not enough. It is worth making sure the document reaches both the school administration and the child’s class teacher directly.

A similar principle applies to medical facilities in the context of consent to procedures – though here the situation is more complex and depends on the specific scope of any restriction on parental authority.

When Parental Authority Is Restricted

The situation becomes more complex when the court has not only regulated contact but also restricted one parent’s parental authority. In that case, the scope of that parent’s rights is defined by the content of the court order – and that order is what matters, not the general rules.

Courts can restrict parental authority to varying degrees. Sometimes the restriction covers only a specific area – for example decisions about education or medical treatment – while both parents continue to have joint decision-making rights in everything else. In other cases the restriction is broader.

This is why reading the court order carefully matters enormously – and why consulting a lawyer when the wording is unclear is time well spent. The language courts use is legally precise but not always obvious to someone without a legal background. Misreading your own court order is a straightforward path to a conflict that could have been avoided entirely.

FAQ

Can a parent with limited contact attend parents’ evenings at school? As a general rule, yes – attendance at school meetings flows from parental authority, not from contact arrangements. If parental authority has not been restricted in the area of education, both parents have the right to attend. The specific scope of entitlements depends on the content of the court order.

Can a parent with restricted parental authority consent to surgery for the child? It depends on the scope of the restriction. If the court restricted parental authority in the area of medical decisions and assigned those decisions to the other parent, that parent decides alone. If the restriction covers other matters and medical decisions remain a shared responsibility, both parents’ consent is required. The wording of the order is decisive here.

My former partner is not keeping me informed about the child, even though I have full parental authority. What can I do? This is a violation of your rights. You can apply to the family court for an order requiring the other parent to share information about the child. You can also obtain information directly from the school or the child’s doctor – as a parent with full parental authority you have independent access to those records.

Can I take my child abroad without the other parent’s consent? No – if the other parent holds full parental authority. Taking a child abroad requires both parents’ consent. If one parent refuses, the family court can resolve the dispute on application. Taking the child abroad without consent can be treated as wrongful removal of a child under Polish and international law.

Can the court remove a parent’s parental authority for failing to comply with contact arrangements? Failure to comply with contact arrangements is not in itself grounds for removing parental authority – these are separate legal matters. It can, however, form the basis for restricting parental authority if the court concludes that the behaviour is harmful to the child’s wellbeing.

I am a foreign national. Does Polish law on parental authority apply to me? It depends on which country’s law governs your family situation – 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 to both parents regardless of their nationality. This is an area where individual legal advice is particularly important, as the interaction between Polish law and the law of another country can be complex.

I have a court order from another country. Is it recognised in Poland? It depends on which country issued the order and the basis for recognition. Court orders from EU member states are generally recognised under EU regulations, including Brussels II ter. Orders from non-EU countries require a separate recognition procedure in a Polish court. A lawyer can advise on the specific steps needed in your situation.

Do you need legal help with child contact or 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