Child contact with a psychologist present – when can a Polish court change how contact is exercised?

A court order establishing contact with a child is one thing. Whether that contact actually happens – and whether it is meaningful – is often quite another. In some cases, the parent with whom the child lives day to day systematically undermines the child’s relationship with the other parent: speaking negatively about them, ridiculing them in the child’s presence, or actively discouraging the child from wanting to spend time with them. The result can be a child who, although formally seeing a parent, is emotionally closed off during every visit. What can be done? Can the court change the way contact is exercised?

Table of contents

1. The right to contact – what does Polish law provide?
2. What is parental alienation and why does it matter?
3. When can a court change the way contact is exercised?
4. Contact with a psychologist present – how does it work in practice?
5. Case reference III Nsm 130/18 – an analysis
6. What to do when contact is being obstructed
7. FAQ

The right to contact – what does Polish law provide?

Under Article 113 § 1 of the Family and Guardianship Code (Kodeks rodzinny i opiekuńczy), regardless of whether a parent holds full, limited or suspended parental authority, both the parent and the child have the right and the obligation to maintain contact with each other. This is not a privilege of one party – it is a mutual entitlement that exists primarily in the interest of the child.

Contact encompasses personal meetings, taking the child away from their place of permanent residence, as well as direct communication, correspondence, and electronic communication (Article 113 § 2 of the Family and Guardianship Code). The court may modify the arrangements for the exercise of contact if the child’s welfare requires it – this is provided for in Article 113⁵ of the Family and Guardianship Code. It is precisely this possibility that this article examines.

What is parental alienation and why does it matter?

Parental alienation is a pattern of behaviour in which one parent – consciously or otherwise – systematically undermines the child’s relationship with the other parent. It can take many forms: negative comments about the other parent, ridiculing them in front of the child, minimising their importance in the child’s life, and in more serious cases actively discouraging the child from wanting contact, or instilling fear or hostility towards the absent parent.

The consequences are serious and long-lasting. A child who has been cut off from a meaningful relationship with one parent loses an important part of their identity. Psychological research indicates that parental alienation can lead to emotional difficulties, problems forming relationships in adult life, and lasting damage to family bonds. Polish family courts are increasingly treating this problem seriously – and they have legal tools to address it.

When can a court change the way contact is exercised?

Article 113⁵ of the Family and Guardianship Code gives the family court (sąd opiekuńczy) the power to vary a contact order if the child’s welfare requires it. This is not a punitive mechanism directed at either party – it is a protective measure whose sole criterion is the best interests of the child.

A variation may involve changing the schedule, the venue, the duration of contact, or – as this article addresses – making contact subject to the supervision of a psychologist. The court may require the parties to cooperate with a psychologist and provide that meetings take place at times and in a location determined by that psychologist.

An application to vary the manner of exercising contact may be filed by either parent. The court deals with it in non-contentious proceedings (postępowanie nieprocesowe). Jurisdiction lies with the family and juvenile division of the district court (sąd rejonowy, wydział rodzinny i nieletnich) for the district in which the child is habitually resident.

Contact with a psychologist present – how does it work in practice?

Contact in the presence of a psychologist is a measure used where the relationship between the child and the parent has become so disrupted that ordinary visits are producing no benefit – or are even deepening the child’s difficulties. The psychologist serves several roles simultaneously: observer, facilitator, and the person who gradually helps rebuild the bond between the child and the parent.

Meetings typically take place at a psychology practice or in a child-friendly environment, at times arranged by the specialist. The psychologist does not only observe how the contact unfolds – they also work with the child on any resistance or anxiety that may result from alienation, and support the parent in re-establishing a genuine relationship.

In our experience, this approach tends to be most effective precisely where a child has, as a result of one parent’s conduct, clearly begun refusing contact with the other. Working with a psychologist makes it possible to move beyond brief, superficial meetings and build something lasting.

Case reference III Nsm 130/18 – an analysis

The case decided under reference III Nsm 130/18 concerned a father whose contact with his son had been formally established by a regional court judgment but was, in practice, effectively blocked by the attitude of the mother and her parents. The father consistently attended every scheduled contact. The mother, together with the maternal grandparents, discouraged the child from seeing his father by ridiculing him, with the result that the boy stopped visiting his father’s home and responded to his father’s attempts at connection with indifference and reluctance.

After commissioning expert reports from forensic psychologists and hearing witness testimony, the court found that the mother’s and grandparents’ conduct constituted deliberate alienating behaviour. It also confirmed that the father had made consistent efforts to maintain a relationship with his son and had attended every scheduled contact without exception.

On the father’s application, the court varied the contact arrangements: the existing visits were replaced by contact taking place without the mother present, in the presence of a psychologist, at times and in a location determined by the psychologist. The court ordered the father to bear the costs of working with the psychologist. At the same time, it imposed on the mother an obligation to bring the child to these sessions and to collect him after they concluded.

This case illustrates that courts are not powerless in the face of parental alienation. Varying the manner in which contact is exercised – while it requires evidence to be gathered and assessed – is a real and available tool for protecting a child’s right to a relationship with both parents.

What to do when contact is being obstructed

If the other parent is consistently obstructing the exercise of contact, several legal avenues are available. The first is an application to vary the manner in which contact is exercised – which is what this article has addressed. The second is enforcement proceedings under Article 598¹⁵ of the Code of Civil Procedure (Kodeks postępowania cywilnego), which allows the court to order the parent obstructing contact to pay a specified sum of money for each breach of the contact order.

Documenting the obstructions is essential: keep a record of dates when contact did not take place, retain messages, note the circumstances of each failed contact. The more thoroughly the pattern is documented, the stronger the application to the court.

FAQ

Can the court order contact with a psychologist present without an application being filed? Yes. The family court acts primarily in the child’s interest and may vary contact arrangements of its own motion if it considers this necessary for the child’s welfare. In practice, however, most cases of this kind are initiated on the application of one of the parents.

Who pays for the psychologist’s involvement in the contact sessions? The court determines this in its order. As the case under reference III Nsm 130/18 illustrates, costs may be imposed on the applicant. A different allocation of costs is also possible depending on the circumstances of the particular case.

Is the psychologist’s involvement a permanent or temporary arrangement? It is generally a temporary measure – used until the relationship between the child and the parent has been sufficiently rebuilt. Once the situation has improved, it is possible to apply to return to a standard form of contact.

What if the other parent still refuses to bring the child to sessions with the psychologist? Any breach of a court order – regardless of its form – can be the basis for enforcement proceedings under Article 598¹⁵ of the Code of Civil Procedure. The court can order the person breaching the order to pay a specified sum to the applicant for each instance of non-compliance.

How long does it take to obtain a variation of the contact arrangements? Non-contentious proceedings are generally faster than ordinary civil proceedings. Where an expert psychological report is required, the case is extended by the time needed to obtain that report. As a rough guide, proceedings of this kind take between several months and approximately one year, depending on the court’s workload and the complexity of the case.

I am a foreign national – does this procedure apply to me if my child lives in Poland? Yes. Where the child is habitually resident in Poland, Polish courts have jurisdiction over contact matters, and the procedure described in this article applies regardless of the nationality of the parents. If one parent lives outside Poland, questions of service of documents and enforcement of orders abroad may arise. These situations are fact-specific and legal advice is recommended.

What is the difference between varying contact and restricting or prohibiting it? Varying contact means changing how, when, or where it takes place – for example by introducing a psychologist or changing the schedule. Restricting contact means limiting it more substantially, for example to supervised visits only. Prohibiting contact entirely is a separate and more serious measure, available only where contact would genuinely endanger the child’s welfare. All three measures are governed by Articles 113¹–113⁵ of the Family and Guardianship Code and require the child’s welfare to be the court’s primary consideration.

Is your contact with your child being obstructed? 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