After a divorce, taking a child abroad – even for a holiday – is not as straightforward as it was before the separation. Where both parents hold parental authority, a trip abroad is a significant matter requiring the other parent’s consent. The absence of that consent can have serious legal consequences – including an allegation of child abduction.

Why the Other Parent’s Consent Is Required

Article 97 § 1 of the Family and Guardianship Code provides that where parental authority is held by both parents, each of them is both obliged and entitled to exercise it. Significant matters concerning the child are decided by the parents jointly – and where they cannot agree, the family court decides (Article 97 § 2).

Taking a child abroad – whether for a short holiday or a longer stay – is treated by the courts and legal doctrine as a significant matter concerning the child. This means that the parent who has day-to-day care of the child cannot independently decide to travel without the other parent’s consent, where that other parent holds full parental authority.

When the Other Parent’s Consent Is Not Required

The other parent’s consent is not required where: the other parent has been deprived of parental authority (Article 111 of the Family and Guardianship Code), the other parent’s authority has been restricted in a way that covers decisions about travel abroad, or the other parent is unknown or their whereabouts are unknown.

Where the divorce judgment or another court order expressly grants one parent the right to decide on trips abroad, it is worth reading its terms carefully and consulting a lawyer before any trip.

What the Consent Should Look Like

The other parent’s consent should be given in writing. Although the law does not require a specific form, written consent protects the travelling parent against allegations and potential difficulties at the border.

The consent should include: the child’s full name, the child’s date of birth, the details of both parents, the destination country and the purpose of the trip, the planned dates of departure and return, and the signature of the consenting parent.

For travel outside EU countries it is worth considering having the signature notarised – some countries require such a document at the border or when dealing with formalities.

What to Do Where the Other Parent Refuses Consent

Where the other parent unreasonably refuses consent for the trip, the parent wishing to travel may apply to the family court for permission to travel. The court decides in place of the refusing parent, taking the child’s best interests into account.

It is worth submitting the application with adequate notice – particularly for planned holiday trips. Proceedings before the family court may take several weeks.

Relocating Abroad With a Child

Relocating abroad with a child is an entirely different situation from a short trip. Changing the child’s place of residence to another country is a decision of fundamental significance for the child’s life and their relationship with the other parent. It requires the consent of both parents or – where agreement cannot be reached – the court’s permission.

In deciding whether to grant permission for relocation, the court takes into account: the child’s best interests, their bond with both parents, the possibility of maintaining contact with the parent remaining in Poland, the motivations of the parent wishing to relocate, and the child’s living conditions in the new place.

Unilaterally relocating with a child abroad without the other parent’s consent or a court order may be treated as parental abduction – with serious legal consequences.

Parental Abduction – the Hague Convention

Where one parent has taken a child abroad without the other’s consent or has not returned with the child within the agreed timeframe, the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction applies.

The Convention obliges contracting states to secure the prompt return of a child to the country of their habitual residence. Poland is a party to the Convention, as are all EU member states and many other countries.

An application for the child’s return is submitted through the Ministry of Justice – as the central authority in Poland. Proceedings take place before the court of the country where the child is located.

In matters between EU member states, Brussels II ter (Council Regulation (EU) 2019/1111) also applies, streamlining judicial cooperation in matters of parental responsibility.

Practical Points Before Travelling

Always carry the other parent’s written consent – even for a short trip within the EU. For travel outside the EU, consider having the consent notarised. Make sure the child has a valid passport or identity document. Check the entry requirements of the destination country regarding children travelling without both parents. Where a court order regulates the question of foreign travel, take a copy with you.

Do you need help with taking a child abroad or relocating? 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