Shared parenting is a model of caring for a child after the parents separate, in which the child lives alternately with each parent for comparable periods – most commonly a week with the mother, then a week with the father. This arrangement is becoming increasingly common in Polish courts, but it is not ordered automatically and requires certain conditions to be met.

What Shared Parenting Is

Shared parenting – sometimes called alternating residence – means that the child lives with each parent in turn for comparable, pre-agreed periods. The most commonly used model is a weekly split, though fortnightly arrangements or other schedules agreed by the parents are also seen.

During the time the child spends with a given parent, that parent provides direct care and makes day-to-day decisions about the child’s life. Decisions on significant matters – such as changing schools, travelling abroad or surgical treatment – still require both parents’ consent where both hold full parental authority.

The Legal Basis

Shared parenting is not defined as a separate institution in the Family and Guardianship Code, but it flows from the principle that where parental authority belongs to both parents living apart, the family court may determine the manner of exercising that authority and maintaining contact with the child, having regard to the child’s best interests. Where the parents present a written agreement on the exercise of parental authority and contact that is consistent with the child’s best interests, the court leaves parental authority with both parents. Where no such agreement exists, the court – taking into account the child’s right to be brought up by both parents – determines how parental authority is to be exercised jointly and how contact with the child is to be maintained.

The court may order shared parenting both in a divorce judgment and in separate proceedings concerning parental authority and contact arrangements.

When the Court Orders Shared Parenting

The court does not order shared parenting automatically. It assesses whether it is consistent with the child’s best interests – and takes a number of factors into account.

The parents’ agreement and ability to cooperate. The strongest factor is a joint application by both parents. Where the parents want shared parenting and are able to cooperate with each other, the court very often orders it. Where there is no agreement, the court may still order shared parenting, but approaches the matter more cautiously – because its success depends on the parents’ ability to communicate and work together.

The parents’ places of residence. Shared parenting is difficult to implement where the parents live far apart. The child must be able to attend the same school or nursery regardless of which parent they are currently with. Parents living close to each other is in practice one of the key factors.

The child’s age and needs. Courts are more cautious about ordering shared parenting for very young children – particularly infants and toddlers, who may need the stability of one home. For older children and teenagers it is generally considered more appropriate. Where the child is sufficiently mature, the court also takes their own view into account.

The existing care arrangements. Where both parents were actively involved in caring for the child before the separation, the court is more inclined to order shared parenting. Where one parent was the primary carer, the court may be more cautious.

Housing conditions. The child should have adequate conditions at both parents’ homes – their own space, somewhere to study and appropriate surroundings.

When the Court Refuses Shared Parenting

The court may refuse to order shared parenting where: the parents are in serious conflict and unable to communicate about the child’s affairs, one parent has used violence towards the other or towards the child, one parent lives too far from the other, the child is very young and strongly attached to one parent as the primary carer, or one parent clearly opposes the arrangement with good reason.

Shared Parenting and Maintenance

Shared parenting affects the question of maintenance – but it does not automatically discharge the maintenance obligation. Where the parents have similar incomes and the time spent with each parent is genuinely equal, courts frequently do not order maintenance or order a lower amount than they would where only one parent has care. Where the parents’ incomes differ significantly, maintenance may be ordered even with shared parenting in place.

How to Apply for Shared Parenting

An application for shared parenting can be made: in the divorce petition or the response to it, in a separate application to the district court in proceedings concerning contact and the exercise of parental authority, or in a mediation settlement approved by the court.

It is worth attaching to the application: a parenting plan setting out the proposed schedule in detail, information about both parents’ places of residence, information about the child’s school or nursery, and arguments demonstrating that shared parenting is in the child’s best interests.

Do you need help with shared parenting arrangements or establishing contact with your child? Call: +48 531 335 713 or write to kancelaria@prawnikodrozwodu.pl

This article provides general legal information and does not replace individual legal advice in a specific case. Every family law matter requires analysis of the specific circumstances and documents. 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 law firm.

We invite you to contact the Family Law Practice: 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