How to secure contact with your child quickly in Poland – an application for interim contact arrangements

One of the most distressing aspects of family conflict is the situation where a parent is suddenly cut off from their child. Court proceedings concerning contact arrangements can drag on for months. In such cases, the application for interim contact – a court order regulating contact for the duration of the main proceedings – is the most important legal tool available. It allows contact to be established before the final judgment is ever issued.

Table of contents

1. Why does interim contact matter so much?
2. When can the application be filed?
3. The legal basis
4. What the application must contain
5. Which court and what does it cost?
6. How quickly is the application decided, and when does the order take effect?
7. Practical examples of interim contact arrangements
8. FAQ

Why does interim contact matter so much?

Court proceedings concerning contact with a child – whether as a standalone case or as part of divorce proceedings – can last many months. For the child and the separated parent, this period is critical. Every month without contact can lead to a gradual weakening of the emotional bond, and a long interruption is often very difficult to reverse even after contact is eventually regulated by a final court order.

In our experience, the absence of contact carries serious risks. The child may develop what is known as parental alienation syndrome; the relationship may be distorted by one-sided information from the other parent; and the resumption of contact after a prolonged absence can itself be traumatic for the child. An interim contact order serves above all the welfare of the child, not merely the rights of the parent – and that is the lens through which courts assess these applications.

When can the application be filed?

An application for interim contact can be filed in two basic situations. The first is where there is a complete absence of contact – the other parent is entirely preventing meetings and any form of communication with the child. The second is where contact is being obstructed or improperly facilitated – contact is theoretically possible, but the actions of the parent with day-to-day care mean it cannot be properly exercised.

In both situations, the central argument is the welfare of the child, which requires the maintenance of bonds with both parents.

The legal basis

The application is based on Article 730 § 1 and subsequent provisions of the Code of Civil Procedure (Kodeks postępowania cywilnego, k.p.c.) – the general provisions on interim relief – and Article 755 § 1 point 4 k.p.c., which is the specific provision for family cases.

Interim relief can be granted where the applicant has made the claim and the legal interest in obtaining relief sufficiently plausible (uprawdopodobnienie). In contact cases, the legal interest derives from the need to protect the emotional bond between the parent and the child. Crucially – at the interim stage, circumstances do not need to be proved with full certainty. It is sufficient to make them plausible.

What the application must contain

The application must meet the requirements for a procedural document under Article 126 k.p.c. – identifying the court, the parties, setting out the basis for the application, the evidence relied upon, and the applicant’s signature. The most important element – the one on which the effectiveness of the entire application depends – is the precise description of the contact arrangements sought.

A vague request to “regulate contact” is not sufficient. The court expects specific information: the days and times of meetings; the place where contact is to take place; whether contact is to occur in the presence of the other parent or without them; the form of contact (in-person, telephone, video calls); and any particular arrangements for holidays or birthdays. Vague applications lead to requests to remedy deficiencies, which unnecessarily prolongs the procedure.

The application must also make plausible: the existing relationship between the applicant and the child; the fact that contact has been obstructed; any attempts at an amicable resolution before the application was filed; and the potential negative consequences for the child of the continued absence of contact. Useful supporting materials include correspondence (text messages, emails), recordings of conversations, witness statements, and any documentation confirming prior involvement in the child’s life.

Which court and what does it cost?

The competent court depends on the stage of the proceedings. Where proceedings concerning contact are already pending, the application is filed with the district court – family and juvenile division (sąd rejonowy, wydział rodzinny i nieletnich) handling the case. Where divorce proceedings are pending, the application goes to the regional court (sąd okręgowy) hearing the divorce. Where no proceedings are yet underway, the application for interim relief can be filed together with the main application.

Court fee: an application filed together with the main application carries no separate fee. An application filed in the course of already-pending proceedings is subject to a fee of PLN 40 (Article 68 point 1 of the Act on Court Costs in Civil Matters). This is a modest amount relative to the benefit of maintaining contact with a child during lengthy proceedings.

How quickly is the application decided, and when does the order take effect?

Under Article 737 k.p.c., the court must decide the application promptly – no later than one week from the date of receipt. Where the law requires a hearing, it should be scheduled within one month. These deadlines are procedural guidelines rather than strict time limits, but they place meaningful pressure on the court to act quickly.

The interim contact order takes effect immediately upon being made. Importantly – even where the other party files a complaint (zażalenie) against the order, this does not suspend its enforceability. The parent can exercise contact in accordance with the interim order from the moment it is received.

Where the other parent obstructs the exercise of contact established by the interim order, it is possible to initiate enforcement proceedings under Article 598¹⁵ k.p.c. – including the possibility of financial penalties being imposed on the obstructing parent.

Practical examples of interim contact arrangements

Courts tailor interim contact arrangements to the age of the child and the specific circumstances of the case.

For a very young child (under three years old), a typical interim arrangement provides for shorter but regular meetings – for example twice a week for a few hours each time, initially at the child’s home or in the presence of the other parent, with gradual extension as the arrangement beds in.

For children of pre-school and early school age, courts more readily order longer contact, including weekend stays with overnight contact, which allows for a deeper relationship to be maintained.

For a parent living abroad, an interim arrangement may combine regular video calls at set times with less frequent but longer in-person visits. Courts take a flexible approach where circumstances genuinely require it.

The precision and realism of the proposed schedule has a direct bearing on how the court will assess the application.

FAQ

How quickly will the court decide an application for interim contact? Under Article 737 k.p.c., the court should decide within one week. In practice, decisions sometimes take longer – but the interim contact procedure is considerably faster than waiting for a final judgment in the main proceedings.

Can the application be filed before I file the main contact application? Yes – the application for interim relief can be filed at the same time as the main application. There is no requirement to wait for the main proceedings to already be pending.

What can I do if the other parent ignores the interim contact order? The order is enforceable immediately. Where it is not complied with, an application can be made to initiate enforcement proceedings under Article 598¹⁵ k.p.c. The court may impose financial penalties on the parent obstructing contact.

Can an interim order cover telephone and video contact? Yes – an interim contact order can cover all forms of contact: in-person meetings, telephone calls, and video calls. For a parent living far away or abroad, securing regular video calls is often the first practical step.

What does it cost to file the application? Where the application is filed in the course of existing proceedings – PLN 100. Where it is filed together with the main application – no separate fee applies.

Does a complaint by the other party suspend the interim order? No. The order takes effect immediately upon being made, and the filing of a complaint does not suspend its enforceability.

I am a foreign national – do these rules apply to my situation in Poland? Yes. Where the child is habitually resident in Poland, Polish courts have jurisdiction over contact matters and the interim contact procedure described in this article applies regardless of the parties’ nationality. EU Regulation Brussels IIb (2019/1111) governs jurisdiction between EU member states and includes specific provisions on the recognition and enforcement of contact orders across borders. If you are unsure whether a Polish court has jurisdiction, or whether an order made in Poland will be enforceable in another country, legal advice is strongly recommended before proceedings are initiated.

The other parent is preventing you from seeing your child? Do not wait for a final judgment – 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