Parental Authority — Family Law Attorneys in Poznań
Parental authority is a topic that arises in almost every divorce case — but also independently of divorce, when the relationship between parents becomes complicated, when one of them is neglecting a child, or when they cannot agree on important decisions affecting the child’s life.
We assist both parents seeking to regulate parental authority after separation and those who need to respond to a threat to the child’s welfare — or to defend themselves against an unjustified application to limit or remove their parental rights.
Tel.: +48 531 335 713 | kancelaria@prawnikodrozwodu.pl
What Is Parental Authority?
Parental authority (władza rodzicielska) is the set of rights and obligations that parents hold in relation to their child — care for the child’s person, upbringing, attention to physical and emotional development, responsibility for education, representing the child and managing the child’s assets (Art. 95 of the Family and Guardianship Code, Kodeks rodzinny i opiekuńczy, k.r.o.). As a general rule it belongs to both parents and should be exercised jointly (Art. 97 k.r.o.).
The parents’ separation does not automatically alter the scope of parental authority. It does, however, require formal regulation — either in the divorce judgment or in separate proceedings before the district court (sąd rejonowy).
In deciding these matters the court is always guided by the best interests of the child. This is not merely a formal phrase — it is the genuine standard the court applies to every decision it makes.
What Arrangements Are Possible After Separation?
Full parental authority for both parents is the solution courts prefer wherever parents are able to cooperate despite their personal conflict (Art. 107 k.r.o.). It requires the parties to present a parenting plan (porozumienie rodzicielskie) — a document setting out the child’s place of residence, the arrangements for care, how significant decisions are to be made, contact arrangements and financial matters. Courts in Poznań increasingly encourage parents to reach such an agreement, regarding it as the best outcome for the child.
Vesting authority in one parent with limitation of the other’s authority is applied where cooperation between the parents is impossible or significantly impaired. The parent with limited authority typically retains the right to participate in decisions on significant matters — choice of school, medical treatment, travel abroad — but day-to-day decisions are taken by the parent in whom authority is vested.
Removal of parental authority is a measure of last resort, applied where the child’s welfare is seriously at risk (Art. 111 k.r.o.) — in cases of violence, gross neglect, a permanent obstacle to exercising authority, or complete lack of interest in the child. Courts in Poznań treat removal of authority as a final step and require compelling evidence before making such an order.
It is worth noting that removal of parental authority does not extinguish the right to contact with the child — contact is regulated separately under Art. 113 k.r.o.
Restoration of parental authority is possible where the reasons for its limitation or removal have ceased to exist. If a parent has changed their conduct, undergone treatment or improved their living conditions, they may apply for authority to be restored. We assist with preparing such applications and gathering documentation to demonstrate the change in circumstances.
Resolving Disputes About Specific Decisions
Where parents share parental authority but cannot agree on a specific matter — choice of school, a medical procedure, travel abroad, a change of the child’s place of residence — either of them may apply to the court for a decision. The court hears both parties and rules in accordance with the child’s best interests.
This type of application tends to be underused, yet it can be very effective — particularly where one parent is blocking important decisions affecting the child’s life without any justified reason.
How Do Proceedings Work?
Parental authority cases are heard by the district court — family and juvenile division — with jurisdiction over the child’s place of residence, or as part of divorce proceedings before the Regional Court (sąd okręgowy).
During proceedings the court may order a home environment assessment by a probation officer, gather opinions from the school, hear witnesses and — in contested cases — refer the family for assessment by the Court Expert Assessment Team (Opiniodawczy Zespół Sądowych Specjalistów, OZSS). The OZSS assessment is a psychological and educational evaluation of the family situation, the child’s relationship with each parent and the child’s needs. In practice courts treat it as one of the key pieces of evidence — which is why proper preparation for the assessment has a real bearing on the outcome.
The court may also hear the child, where the child’s age and maturity permit (Art. 576¹ of the Code of Civil Procedure, Kodeks postępowania cywilnego, k.p.c.).
Why Have a Lawyer in a Parental Authority Case?
Parental authority cases combine several difficulties at once — emotional intensity, complex evidentiary proceedings and consequences that affect years of the child’s life and both parents’ futures. This is not a combination well-suited to self-representation.
First, the parenting plan. If the parents are able to reach agreement, it is worth having that agreement drafted professionally — precise, comprehensive and capable of being approved by the court without amendment. Vague provisions lead to further disputes.
Second, the OZSS assessment. This is a psychological examination that is worth preparing for — knowing how it unfolds, what questions are asked and how to speak with the experts. A client who arrives at the assessment unprepared and anxious presents differently from one who understands the purpose of the process.
Third, evidence. In cases involving limitation or removal of parental authority, what ultimately matters is what can be demonstrated before the court — documentation, witnesses, expert opinions. A lawyer knows which evidence is relevant and how to gather it.
Fourth, the dynamics of proceedings. Circumstances change during a case — one parent moves, changes job, starts a new relationship. A lawyer continuously assesses how these changes affect the strategy and whether it is worth responding to them.
Preparing for Your First Consultation
The first consultation costs 400 PLN and lasts 60–90 minutes. Before the meeting it helps to think through a few matters that will allow an immediate assessment of the situation.
Most importantly — what is the current position? Is there already an order regulating parental authority and contact? If so, bring it. Is the child’s place of residence established, or is that in dispute? How does day-to-day care actually work — who is looking after the child?
It is also worth gathering documents that may be relevant: the child’s school reports, information about their activities and interests, medical certificates if these are material, and correspondence with the other parent about the child’s affairs.
If the case concerns a threat to the child’s welfare — gather what you have: medical records, dated notes of incidents, any reports made to the police or school.
At the meeting we will tell you what is realistically achievable in your situation and what to do first.
Frequently Asked Questions
Can a parent be deprived of parental authority simply for not paying maintenance? No. Maintenance arrears alone are not a basis for removing parental authority — that is a separate matter, enforced by other means. Removal of authority requires demonstrating a genuine threat to the child’s welfare.
What if parents cannot agree on vaccinations or choice of school? Either parent may apply to the court for a decision on the specific matter. The court hears both parties and determines what is in the child’s best interests.
Does the child have a say in where they live? The court may hear the child if their age and maturity permit. The child’s view is taken into account but is not binding — the court assesses it in the context of the overall picture, including any possible influence exerted on the child by one of the parents.
Can parental authority be restored? Yes, where the reasons for its limitation or removal have ceased to exist. A change in conduct, undergoing treatment, improved living conditions — these are the arguments the court considers when hearing an application for restoration.
Contact Us
We handle parental authority cases in Poznań and across Greater Poland — before the district courts and the Regional Court in Poznań, and before the courts in the Kalisz and Konin districts through our branch offices in Jarocin and Września.
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
Office hours: Monday–Friday, 8:00–16:00 Consultations in person and online. First consultation: 400 PLN.
This page is for general informational purposes only and does not constitute legal advice. Legal information current as of January 2026.