Guardianship of a Minor — When Is It Needed and How to Apply?

There is a great deal of legal information available online — but only years of practical experience allow you to distinguish what actually matters in a specific case from general background noise. In family law matters, emotions add another layer of difficulty, making it hard to assess your own situation with a clear head. That is why it is worth consulting a lawyer before filing any guardianship application — even one that appears straightforward on the surface.

Contents

1. What is guardianship of a minor?
2. When does a court establish guardianship?
3. Who can be appointed as a guardian?
4. How do the proceedings work?
5. Template application for guardianship
6. FAQ

What Is Guardianship of a Minor?

Guardianship of a minor (opieka nad małoletnim) is a legal institution that ensures a child receives care and protection of their interests in situations where neither parent is able to exercise parental authority (Art. 145 of the Family and Guardianship Code, Kodeks rodzinny i opiekuńczy, k.r.o.). A guardian appointed by the court assumes rights and obligations similar to those of a parent — caring for the child’s person, managing their assets and representing them before authorities and courts.

Guardianship is distinct from foster care and from parental authority — it is a separate legal institution, established exclusively by the family court.

When Does a Court Establish Guardianship?

A court establishes guardianship over a minor primarily where:

Both parents have died — the death of both parents leaves the child without legal guardians.

Both parents have been deprived of parental authority — by a judgment of the family court.

Both parents are unknown — for example in the case of an abandoned child.

Both parents are permanently incapable of exercising parental authority — due to illness, disability or other circumstances of a lasting nature.

The family court may act of its own motion in these matters — meaning no application is required — if it becomes aware of the need for guardianship to be established (Art. 570 of the Code of Civil Procedure, Kodeks postępowania cywilnego, k.p.c.).

Who Can Be Appointed as a Guardian?

A guardian must be a person who provides adequate assurance of properly performing the role (Art. 148 k.r.o.). The court gives priority to persons close to the child — relatives or others from the child’s immediate circle with whom the child has an established bond.

A person cannot be appointed as guardian where they:

• have been deprived of public rights,
• have been deprived of parental authority,
• have been convicted of a sexual offence or an offence against decency committed against a minor,
• or where other circumstances indicate they do not provide adequate assurance of properly performing the role.

A guardian carries out their functions under the supervision of the family court and is required to submit regular reports on their activities.

How Do the Proceedings Work?

The application for guardianship is filed with the district court (sąd rejonowy) — family and juvenile division — with jurisdiction over the child’s place of residence or habitual residence (Art. 569 k.p.c.).

In Poznań, the competent court depends on the child’s address:

• District Court Poznań-Stare Miasto, ul. Młyńska 1a, Family and Juvenile Division IV,
• District Court Poznań-Grunwald i Jeżyce,
• District Court Poznań-Nowe Miasto i Wilda.

A list of streets within each court’s jurisdiction is available on the courts’ websites.

The court filing fee for a guardianship application is 100 PLN. It may be paid by bank transfer to the court’s account (details on the court’s website) or in cash at the court office.

The application must be accompanied by a birth certificate extract for the minor, proof of payment of the court fee and any documents referred to in the application — for example a death certificate for the parents or a court order depriving them of parental authority.

Template Application for Guardianship

The template below is for general guidance. The content of the grounds section and the choice of attachments will depend on the specific circumstances of each case.

Poznań, ………………… [date]

District Court Poznań-Stare Miasto Family and Juvenile Division IV ul. Młyńska 1a, 61-729 Poznań

Applicant: [full name] Address: ……………………………………….. PESEL: ………………………………………

Re minor: [full name] Address: ……………………………………….. PESEL: ………………………………………

Court filing fee: 100 PLN

Application for the Establishment of Guardianship

Acting on my own behalf, I apply for the establishment of guardianship over the minor ……………………………, born on …………………. in …………………………, son/daughter of …………………………., and for the appointment of ……………………………, born on …………………. in …………………………, son/daughter of …………………………., as guardian.

Grounds

[Set out the factual circumstances justifying the application — the reasons why the minor has no parental care, and the reasons why the proposed person is suitable to act as guardian. Include the evidence relied upon in support.]

………………………… (signature of applicant)

Attachments:

• birth certificate extract for the minor,
• proof of payment of the court filing fee,
• documents referred to in the application (e.g. death certificate of the parents, court order depriving parents of parental authority).

FAQ

How does a guardian differ from a foster parent? A legal guardian is appointed by the family court and acts under the provisions of k.r.o. Foster care is a form of substitute care governed by the Act on Family Support and the Foster Care System. These are two distinct institutions — with different powers, obligations and procedures for establishment.

Does a guardian receive any payment? Guardianship is as a rule performed without remuneration. The court may, however, award the guardian a fee where the role requires a significant amount of work — payable from the minor’s assets or from public funds.

Can a guardian resign from the role? Yes — a guardian may apply to the court to be relieved of the role where there are good reasons for doing so (Art. 152 k.r.o.). The court assesses whether the resignation is justified and appoints a new guardian.

What if there is no one close to the child who could act as guardian? Where no person from the child’s immediate circle meets the requirements, the court may appoint an organisation or a person nominated by the relevant social welfare authority.

Can the guardianship order be challenged? Yes — the court’s ruling may be appealed to the regional court (sąd okręgowy) within two weeks of the ruling being served with its written grounds.

Need help with a guardianship application? Call +48 531 335 713 or email kancelaria@prawnikodrozwodu.pl

This article is for general informational purposes only and does not constitute legal advice in any individual case. Every family law matter requires analysis of the specific circumstances and documents involved. The 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 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 | prawnikodrozwodu.pl