What to do when the other parent obstructs contact with your child in Poland – effective legal remedies

The obstruction of contact with a child is one of the most common problems parents bring to family law offices after separation. The situation where one parent fails to respect agreed contact arrangements is painful – both for the parent who is prevented from seeing the child, and for the child itself, who loses the opportunity to build a full relationship with both parents. Polish law provides effective mechanisms for enforcing court orders on contact.

Table of contents

1. How did the law on enforcing contact change?
2. Financial penalties for obstructing contact – Article 598¹⁵ of the Code of Civil Procedure
3. Mutual protection – the rules work both ways
4. How to initiate enforcement proceedings
5. Common forms of contact obstruction
6. Practical guidance – documenting violations
7. FAQ

How did the law on enforcing contact change?

For many years, enforcing court orders concerning contact with a child was a serious problem in Polish law. Courts applied various, often inconsistent approaches – relying on Articles 1050–1051 of the Code of Civil Procedure (Kodeks postępowania cywilnego, k.p.c.) on the enforcement of non-substitutable acts, or on Articles 598⁵–598⁶ k.p.c. on the removal of a person subject to parental authority. Effective mechanisms for quickly securing compliance with contact arrangements were largely absent.

An amendment to the Code of Civil Procedure that came into force on 13 August 2011 changed this fundamentally. A new, clearly defined procedure based on financial penalties was introduced, and it has proved considerably more effective than the previous solutions.

Financial penalties for obstructing contact – Article 598¹⁵ k.p.c.

The central element of the new provisions is the ability to impose financial penalties on a parent who obstructs contact. Under Article 598¹⁵ § 1 k.p.c., the family court (sąd opiekuńczy) may order payment of a specified sum by a parent who fails to comply with obligations arising from a court order or a settlement concluded before a court or mediator concerning contact – or who complies with those obligations improperly.

The procedure operates in two stages. In the first stage, the court issues a warning order (postanowienie zagrażające) – threatening to impose a financial penalty. This is a cautionary stage that gives the parent in breach an opportunity to voluntarily bring their conduct into line. If the violations continue, the court – on a further application by the entitled parent – imposes the financial penalty in proportion to the number of violations established (Article 598¹⁶ § 1 k.p.c.).

The sum awarded goes to the parent whose contact rights have been obstructed. It therefore functions not only as a sanction against the person in breach but also as a form of compensation for the parent who has been denied contact. The court adjusts the amount of the penalty to the financial circumstances of the person against whom it is imposed – it is not a fixed sum but one proportionate to that person’s means.

In our experience, the warning order alone is often sufficient to change the conduct of the parent who has been obstructing contact. The knowledge that each further violation will carry a concrete financial consequence tends to act as a strong preventive measure.

Mutual protection – the rules work both ways

Importantly, the provisions introduce a principle of mutuality. Under Article 598¹⁵ § 2 k.p.c., equivalent measures can also be applied against the parent entitled to contact where that parent violates the agreed arrangements – for example by unilaterally extending the duration of visits, failing to appear for agreed meetings, collecting the child outside agreed times, or other breaches of the court order or settlement.

This is a significant feature of the legislation: the provisions protect both the parent whose contact rights are being obstructed and the parent with day-to-day care – shielding the child’s routine from disruption caused by unpredictable or irregular behaviour by the other parent.

How to initiate enforcement proceedings

Which court: the application is filed with the family court (sąd opiekuńczy) – the family and juvenile division of the district court (wydział rodzinny i nieletnich sądu rejonowego) for the child’s place of residence (Article 569 § 1 k.p.c.).

Court fee: PLN 100 (Article 23 point 1 of the Act on Court Costs in Civil Matters).

Documents to attach: a certified copy of the enforceable court order concerning contact, or a certified copy of an enforceable settlement concluded before a court or mediator. The application should contain a detailed description of the violations – when, in what manner, and how many times contact was obstructed. The more precise the description, the more effective the proceedings are likely to be.

Common forms of contact obstruction

Violations can come from either side. On the part of the parent with day-to-day care, the most common forms are: failing to be present at the agreed handover point; claiming the child is ill (genuinely or exaggeratedly); scheduling extra-curricular activities for the child during the time set aside for contact; turning the child against the other parent (parental alienation); and blocking telephone or online communication.

On the part of the parent entitled to contact, violations include: failing to collect the child at the agreed times; arriving late for meetings or when returning the child; unilaterally extending the duration of visits; collecting the child outside agreed times (for example from school on days not included in the schedule).

Practical guidance – documenting violations

The effectiveness of enforcement proceedings depends largely on the quality of the documentation. It is worth keeping a log of each violation with the date, time, and a description of what occurred; retaining all correspondence – text messages, emails, messages from chat applications; gathering evidence of attempted contact (call records, connection logs); and asking any witnesses to provide written statements.

Before filing an application with the court, it is also worth attempting an amicable resolution – a conversation with the other parent, a proposal for family mediation, or a written request to comply with the arrangements. Documenting these attempts strengthens the applicant’s position in the proceedings.

FAQ

How much does it cost to file an enforcement application? The court fee is PLN 100. This is a modest amount relative to the potential benefit – the restoration of proper contact with the child.

Which court should I apply to? The family court – the family and juvenile division of the district court for the child’s place of residence.

How large can the financial penalty be? The court adjusts the amount to the financial circumstances of the person against whom it is imposed. There is no fixed sum – the aim is to ensure the sanction is proportionate and effective. A penalty is imposed for each established violation.

Does a breach of an interim contact order also fall under this procedure? Yes. Article 598¹⁵ k.p.c. applies to enforceable court orders concerning contact – including both final orders and interim orders, which are enforceable from the moment they are made.

What if the other parent continues to obstruct contact despite the penalty? Each further violation can give rise to a further financial penalty. The court imposes penalties in proportion to the number of violations (Article 598¹⁶ § 1 k.p.c.) – where the obstruction is persistent, penalties can be imposed repeatedly.

Can parental alienation be the basis for an application? Yes. Turning a child against the other parent, resulting in the child’s refusal to exercise contact, can constitute improper performance of obligations arising from a court order. Courts increasingly treat parental alienation as a serious violation of the child’s welfare.

I am a foreign national – do these rules apply to my situation in Poland? Yes. Where the contact order has been made by a Polish court and the child is habitually resident in Poland, the enforcement procedure described in this article applies regardless of the parties’ nationality. Where a contact order was made in another EU member state, EU Regulation Brussels IIb (2019/1111) governs its recognition and enforcement in Poland. In cross-border situations, the specific enforcement route depends on the nature and origin of the order – legal advice on the applicable procedure is recommended.

Read more about how to obtain interim contact arrangements in Poland while proceedings are pending → [link to relevant page]

The other parent is not complying with the contact arrangements? Do not delay – 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