Court Expert Assessment in Family Cases (OZSS) – What It Is, How It Works and What to Do If the Result Goes Against You

In contested family cases in Poland, the court rarely relies only on what the parents say. When both sides tell completely different stories and a child’s wellbeing is at stake, the court usually calls in a specialist team to assess the family situation independently. This is done through the OZSS – Opiniodawczy Zespół Specjalistów Sądowych – which translates roughly as the Court Specialist Assessment Team. For many foreign parents living in Poland, this is their first encounter with a court-appointed psychologist. Knowing what to expect makes a real difference.

Table of Contents

1. What is OZSS and why does it exist?
2. In which cases does the court order an assessment?
3. What does the assessment actually involve?
4. Common misunderstandings
5. What to do if the report goes against you
6. How to prepare
7. FAQ

What Is OZSS and Why Does It Exist?

The OZSS replaced an earlier institution called RODK (Rodzinne Ośrodki Diagnostyczno-Konsultacyjne – Family Diagnostic and Consultation Centres). This was not just a name change – the scope of work and the way these units are organised also changed.

The job of the OZSS is to provide the court with specialist psychological and educational expertise about how a specific family functions. The report does not decide the case – that is exclusively the court’s role – but in practice it carries significant weight. Courts rely on OZSS findings especially when both parents are presenting completely contradictory accounts and it is difficult to assess whose version is closer to reality.

In Which Cases Does the Court Order an Assessment?

Most commonly in four types of proceedings.

Child contact arrangements – when the parents cannot agree on how often and in what form the non-resident parent sees the child, and the child’s reactions are difficult to interpret without professional input. The specialists assess the child’s bond with each parent and indicate what kind of contact arrangement would best serve the child’s needs.

Divorce involving minor children – the court needs to understand which custody and residence arrangement will work best for the child. This is not a judgment about who is a better person – it is a professional diagnosis of each parent’s caregiving capacity in a specific situation.

Establishing the child’s place of residence – when separated parents disagree about where the child should live, either because no arrangement has been set yet or because existing arrangements need to change.

Parental authority proceedings – when one parent applies for the other’s parental authority to be restricted, suspended or removed. These are among the most serious family law cases, and the OZSS report is often the most important piece of evidence.

One thing worth knowing: the scope of the assessment is defined by the court in its order. If the court only asks the specialists to assess the child’s relationship with one parent, the specialists are not formally required to examine the other. In practice, however, they usually do – at minimum through an interview and by observing both parents interacting with the child – because a one-sided picture rarely gives them what they need.

What Does the Assessment Actually Involve?

The assessment is usually conducted by a two-person team consisting of a psychologist and a pedagogue. In more complex cases the team may be larger.

The full assessment typically takes several hours and involves a number of elements.

Psychological tests – completed individually, chosen based on the specifics of the case. There is no single standard set of tests. The specialists select their tools depending on what they need to measure.

Individual interviews – each parent has a one-to-two hour conversation with a specialist. This is not a police interrogation, but it is not a casual chat either. The specialists ask questions deliberately and pay attention not just to what you say, but to how you talk about your child and about the other parent.

Assessment of the child – the methods vary depending on age. With younger children, specialists mostly observe play and interactions with each parent. Older children may take part in conversations and projective tests. The specialists also watch how the child behaves with each parent – whether they seem relaxed or tense, and how they react when a parent leaves the room.

Review of the case file – the specialists read the court documents before the assessment takes place. They arrive knowing what both sides have claimed.

Sometimes the specialists schedule a second appointment – particularly in complex cases where the first session did not produce a clear enough picture. This is not a warning sign, even though many parents interpret it that way.

Common Misunderstandings

“The assessment was too short to understand our situation”

A few hours does seem like very little time to assess relationships built over years. There is something in that concern. But the specialists are trained specifically in family diagnostics – they know what to look for and how to interpret what they observe. The report is based not only on what happened in the room, but on the full case file and all the material gathered together.

“The specialists ignored important things”

The specialists work within the scope of questions set by the court. If the court asked them to assess the child’s relationship with the father, they will not analyse the mother’s behaviour in detail – even if you believe that is where the real problem lies. If you feel that significant issues have been left out, you can apply for a supplementary report or request that the specialists be questioned at a court hearing.

“The specialists were biased”

This is a complaint that comes up almost every time the report turns out unfavourably for one side. In the vast majority of cases it has no factual basis. OZSS specialists follow defined methodologies and are bound by professional objectivity standards. That said – if you have specific, concrete grounds for questioning their impartiality, not just a sense that the outcome is unfair, you can apply for the specialists to be recused and a new team appointed.

What to Do If the Report Goes Against You

First – read it carefully before you react. Many people respond emotionally to an unfavourable conclusion without stopping to ask whether the report is actually flawed or simply unpleasant to read. That distinction matters enormously for deciding what to do next.

Apply for a supplementary report. If the report is vague, fails to address all the court’s questions, or contains internal contradictions, you can ask the court to order a supplementary opinion. The same specialists then address the gaps.

Request that the specialists be questioned at a hearing. This gives you the opportunity to ask additional questions and challenge specific conclusions. It is worth preparing those questions carefully with your lawyer beforehand – an unstructured cross-examination of a court expert rarely produces useful results.

Request a report from different specialists. In justified cases you can ask the court to appoint a different team. The court can commission a report from experts on the Regional Court’s list of approved specialists, or from specialist institutions.

How to Prepare

A few things that genuinely matter.

Be yourself. Specialists quickly recognise someone performing the role of a perfect parent. If you try too hard to appear flawless, the effect is often the opposite of what you intended – instead of building trust, you raise questions.

Talk about your child, not about the conflict. A parent who responds to questions about their child’s needs by listing everything wrong with the other parent sends a very clear signal to the specialists. Focus on what you actually know about your child – their daily routine, their needs, their fears, what they enjoy.

Do not coach your child. This is one of the most serious mistakes parents make before an assessment. Children repeat rehearsed lines in ways that specialists recognise immediately. The consequences for your case can be significant.

Think through your relationship with your child. Not to prepare a speech – but so that you can describe concretely and calmly what your day-to-day contact with your child looks like, what you do together, and how you respond when they are struggling.

Do not attack the other parent. If you have genuine concerns about their behaviour, describe specific facts and situations. Emotional attacks on the other parent during the assessment almost always work against the person making them.

A practical note for foreign parents: if your Polish is limited, let the specialists know at the start. In some cases an interpreter can be arranged. Do not try to get through the assessment in a language you are not comfortable in – the specialists need to understand you clearly, and so do you.

FAQ

Is the OZSS report binding on the court? No. The court treats it like any other piece of evidence and can depart from its conclusions if it finds the report incomplete, flawed or contradicted by other evidence. In practice, however, OZSS reports carry significant weight – courts rarely disregard them without clear justification.

Can I refuse to take part in the assessment? Formally yes – participation is voluntary. But a refusal is noted by the court and typically works against the parent who refuses. In practice, declining an OZSS assessment is a very risky decision.

Does my child have to participate? It depends on the child’s age and the scope of the assessment ordered by the court. Very young children are assessed mainly through observation during play and interaction with each parent. Older children may take part in conversations and tests.

How long is the wait for an appointment? In the Wielkopolska region, waiting times range from three months to a year depending on how busy the team is. This is one of the main practical drawbacks of the OZSS system in cases where timing matters.

Can I bring my own psychologist or therapist? No – the assessment takes place without accompanying persons. You can, however, consult your lawyer beforehand to understand what to expect and how to approach the session.

I do not speak Polish well. Will I be assessed in English? OZSS assessments are conducted in Polish as a rule. If your Polish is insufficient, raise this with your lawyer before the assessment is scheduled. In some cases arrangements can be made, but this needs to be organised in advance – not on the day.

Do you need legal help with a family 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