Child contact arrangements in Poland – what parents need to know

Arrangements for contact with a child after parents separate are among the most emotionally charged aspects of family law proceedings – and also among the most practically significant, since they shape the child’s daily life and the relationship between parents for many years to come. How do Polish courts approach contact arrangements? What forms are available? And what happens when one parent simply does not comply?

Table of contents

1. Who has the right to contact with a child?
2. What forms of contact can a court order?
3. Holidays, school breaks and special occasions
4. What should a well-drafted court order cover?
5. What happens when contact orders are not followed?
6. FAQ

Who has the right to contact with a child?

Contact with a child is governed by Articles 113 to 113⁶ of the Family and Guardianship Code. The starting point of Polish law is significant: contact is not framed primarily as a parental right. It is, above all, the child’s own right to maintain a relationship with both parents and with other people close to them.

This matters in practice. The right to contact does not belong only to parents – grandparents, siblings and other close family members can also apply for contact to be established, provided the court considers it to be in the child’s interests. In high-conflict cases, it is not uncommon for grandparents to find themselves cut off from grandchildren despite having played a meaningful role in the child’s life. Polish law offers them a route to address this.

Equally important: the right to contact exists independently of parental authority. A parent who has been deprived of parental authority does not automatically lose the right to see their child. The court regulates contact separately, always guided by the best interests of the child.

What forms of contact can a court order?

The range of contact arrangements available to courts is broad and flexible. The specific form is tailored to the circumstances – the child’s age, the distance between parents, the nature of the relationship, and the level of conflict between the parties.

In-person contact is the primary form. This can mean visits at the child’s home, the other parent collecting the child from home or from school, or time spent in the other parent’s own environment. Where significant conflict exists between the parents, or where contact is being rebuilt after a period of absence, the court may initially order meetings in a neutral setting – a park, a café, or a family support centre – with scope for arrangements to expand once the situation has stabilised.

Indirect contact – by telephone and video call – has become a standard feature of contact orders in recent years, particularly where parents live in different cities or in different countries. Courts typically specify the days and times (for example, Tuesdays and Thursdays between 6.00 pm and 6.30 pm) so that both households can organise their routines around them. A parent living abroad, for instance, might be granted regular video calls twice a week alongside the ability to send letters and small gifts for holidays and birthdays. Courts apply these arrangements without hesitation and they work well in practice.

One important clarification: a court order sets out the minimum guaranteed contact – it does not prohibit the parents from agreeing additional contact between themselves. If both parents are willing for the child to spend more time with one of them than the order provides, they are entirely free to arrange this. The order becomes the operative framework when voluntary agreement breaks down.

Holidays, school breaks and special occasions

Holiday periods carry particular emotional weight – and they are precisely the occasions that most often become a source of conflict. A well-drafted order should address them in advance and with precision, so that neither parent faces uncertainty or confrontation every December or July.

Christmas is the most frequently contested period. The most common model is an alternating arrangement based on odd and even years: in one year, Christmas Eve and the first day of Christmas with one parent, the second day with the other; in the following year, the arrangement reverses. An alternative is a division within the same holiday period, with a specified handover time on a particular day.

Easter follows similar logic: the first and second days of the holiday are allocated alternately between parents, switching each year.

Winter school break (ferie zimowe) is typically divided into two equal weeks, one with each parent, alternating annually.

Summer holidays allow for more varied arrangements. A common model divides the six-week summer period into defined blocks, with dates specified in advance, and includes provision for the child to travel abroad with one parent on condition that the other parent is given the address and guaranteed telephone contact throughout.

Special days – the child’s birthday, Children’s Day (Dzień Dziecka), Mother’s Day and Father’s Day – are increasingly addressed in court orders. The solutions vary: some orders divide the child’s birthday between both parents, others alternate it annually, and some contemplate a joint celebration where the parents’ relationship permits. These details may seem minor, but their emotional significance for all parties is real.

What should a well-drafted court order cover?

A contact order is a document that parents will live with for years. The more precise it is, the less room there is for conflict. In our experience, the most frequent source of disputes is precisely those matters the order does not address.

Beyond the schedule of contact itself, a well-drafted order should specify: the exact location and time at which the child is handed over between parents (a neutral handover point is often the most practical solution where conflict is high); what happens in the event of the child’s illness or other unforeseen circumstances that prevent contact taking place on a scheduled day; and the rules for international travel, including any notice requirements and arrangements for contact with the other parent during the trip.

One point deserves particular emphasis. The parent with whom the child primarily lives has an obligation to actively prepare the child for contact with the other parent – both emotionally and practically. Deliberately scheduling other activities during court-ordered contact times, “forgetting” handovers, or keeping the child at home without genuine justification all constitute a breach of the order and carry legal consequences.

What happens when contact orders are not followed?

Even the best-drafted order is of limited value if one parent does not comply with it. Polish law provides a specific enforcement mechanism for exactly this situation, set out in Article 598¹⁵ of the Code of Civil Procedure and the provisions that follow it.

The process works in stages. The court first issues a formal warning to the non-compliant parent, directing them to comply and threatening a specified financial penalty for each further breach. If the breaches continue, the court orders payment of those sums. In practice this mechanism has real effect: the prospect of accumulating financial penalties prompts most parents to change their approach.

Importantly, the mechanism operates symmetrically. It applies not only to the parent who obstructs contact, but equally to the parent who repeatedly fails to collect the child at the agreed time or who unilaterally alters the schedule. Both forms of non-compliance are treated as breaches of the order.

FAQ

Can a court refuse to grant any contact at all? Yes, in exceptional circumstances. The court can restrict or prohibit contact entirely if it would endanger the child’s wellbeing – for example, where a parent has a history of violence, where addiction creates a genuine risk to the child, or where contact is causing the child serious emotional harm. A complete prohibition on contact is a last resort and is used rarely.

Can a contact order be changed after it has been made? Yes. Either party can apply to vary the order if circumstances have changed – for example, if the child has changed school, if one parent has moved to a different city, or if the existing arrangements no longer suit the child’s needs as they grow older. The court will consider whether a change is justified in light of the current situation.

What should I do if the other parent is not complying with the contact order? File an application with the guardianship court (sąd opiekuńczy) to initiate enforcement proceedings under Article 598¹⁵ of the Code of Civil Procedure. Keep a careful record of every breach – dates, what happened, and any relevant correspondence. The more detailed your documentation, the more effectively the court can act.

Can grandparents apply for contact with a grandchild? Yes. Under Article 113⁶ of the Family and Guardianship Code, the right to contact extends to siblings, grandparents and other people close to the child, provided the court finds that contact serves the child’s interests. The application can be made by the person seeking contact directly.

Is it possible to establish contact arrangements without going to court? Yes – and this is generally the preferable route. Parents can reach an agreement through negotiation or mediation, which is then submitted to the court for approval. Once approved, a mediated agreement carries the same legal force as a court order but tends to be more flexible and better adapted to the family’s real needs than an arrangement imposed by a judge who has limited knowledge of the family’s day-to-day life. Where parents can cooperate, this approach is strongly worth pursuing.

I am a foreign national with a child in Poland – does this framework apply to me? Yes. The contact rules described in this article apply to all proceedings before Polish courts, regardless of the parents’ nationality, where the child habitually resides in Poland. One aspect worth highlighting for foreign nationals: contact orders made by Polish courts are enforceable in Poland and, through EU and international mechanisms, often in other countries as well. If there is a risk that one parent may take the child abroad, it is worth raising this with a lawyer at an early stage, as there are specific steps available to address it.

What is the difference between contact and parental authority? These are two distinct legal concepts in Polish family law. Parental authority (władza rodzicielska) concerns the right to make decisions about the child’s upbringing, education, medical treatment and other significant matters. Contact (kontakty) concerns the right to spend time with the child and maintain a personal relationship. A parent can retain contact rights even after parental authority has been limited or removed. The court addresses the two questions separately, each on the basis of what serves the child’s best interests.

Read more about how to apply for interim contact arrangements during divorce proceedings → [link to relevant page]

Do you have questions about contact arrangements for 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