When can a Polish court prohibit contact with a child?

Polish family law starts from a clear principle: a child has the right to a relationship with both parents, and maintaining that relationship is generally in the child’s best interests. A prohibition on contact is therefore an exceptional measure, used only when other, less restrictive steps have proved insufficient or when the child’s wellbeing is seriously and directly at risk. What exactly does a contact prohibition involve, when can a court order one, and is it permanent?

Table of contents

1. What the law says – from restriction to outright prohibition
2. What is a “prohibition of contact” (zakaz styczności)?
3. In what circumstances do courts use this measure?
4. What should you do if you are concerned about your child’s safety?
5. Can a contact prohibition be lifted?
6. FAQ

What the law says – from restriction to outright prohibition

The legal basis for court intervention in a parent’s contact with their child is Article 113² of the Family and Guardianship Code. This provision sets out a graduated range of measures – from the mildest to the most restrictive – and that gradation matters enormously in practice.

Among the options available to the court are: prohibiting a parent from taking the child outside their place of habitual residence; permitting contact only in the presence of the other parent, a guardian, or a court-appointed probation and welfare officer (kurator sądowy); limiting contact to specified forms of remote communication; and imposing a complete ban on any communication whatsoever.

In our experience, family courts approach these measures incrementally. Before resorting to a full prohibition, a court will typically try intermediate solutions first – supervised contact with a welfare officer present, restriction to video calls, or conditional suspension of in-person meetings. A complete ban is a last resort, not a starting point.

What is a “prohibition of contact”?

The most far-reaching measure available is the so-called zakaz styczności – a complete prohibition on contact – provided for in Article 113³ of the Family and Guardianship Code. A court may order it where contact threatens or harms the child’s wellbeing. In practice, this means the parent subject to the prohibition has no right to any form of contact with the child: no in-person meetings, no telephone calls, no correspondence of any kind.

Breaching such a prohibition carries real consequences. Under civil procedure, the court may order the non-compliant parent to pay a specified sum of money for each further breach (Article 598¹⁵ of the Code of Civil Procedure). Where the parent’s conduct additionally constitutes the criminal offence of abducting or retaining a minor against the will of the person responsible for their care (Article 211 of the Criminal Code), criminal liability may also arise. This distinction is worth highlighting – it is one that general discussions of the topic often overlook.

In what circumstances do courts use this measure?

The child’s best interests is a broad concept in Polish law, encompassing both physical safety and healthy emotional development. Courts take both dimensions seriously.

Physical danger provides the most straightforward basis for intervention. Violence towards a child, serious neglect of basic needs (failure to administer medication, provide adequate food or basic hygiene), or exposing the child to danger during contact – for example, driving under the influence of alcohol with the child in the car – are circumstances that courts treat with gravity once properly documented.

Emotional harm and moral endangerment are harder to establish but taken equally seriously. Psychological abuse, manipulating the child against the other parent, drawing the child into adult conflicts, and demoralising conduct during contact visits – consuming alcohol or drugs in the child’s presence, exposing the child to age-inappropriate content – can all justify restricting or prohibiting contact. What is particularly worth knowing is that in cases involving the emotional dimension, the opinion of a forensic psychologist or the Family Diagnostic and Consultation Centre (Rodzinny Ośrodek Diagnostyczno-Konsultacyjny, RODK) plays a central role. Without such an expert opinion, courts rarely take the most drastic steps.

One point deserves particular emphasis: a contact prohibition and the removal of parental authority are two entirely separate legal measures. A parent can be subject to a contact prohibition while formally retaining parental authority. That said, conduct serious enough to justify a contact prohibition often leads to parallel proceedings concerning parental authority as well.

What should you do if you are concerned about your child’s safety?

If you have genuine concerns about the other parent’s conduct during contact, the two most important things are to document what is happening and to act without unnecessary delay.

Every concerning incident should be recorded as it occurs – with the date, a description of what happened, and the child’s reaction. If the child returns from contact with physical injuries, a medical visit is essential, and the resulting documentation should be kept carefully. Where criminal conduct is suspected – physical violence, sexual abuse, abduction – the matter should be reported to the police or the prosecutor’s office. In parallel, an application can be made to the family court for an interim order (zabezpieczenie) restricting or prohibiting contact, accompanied by whatever evidence has been gathered.

That last point is particularly significant. A court can grant an interim protective order at an early stage of proceedings – before the case has been heard on its merits. This matters in practice, because contact proceedings can take many months to conclude. An interim order allows the child to be protected throughout that period, without waiting for a final judgment.

Can a contact prohibition be lifted?

Yes. A contact prohibition does not have to be indefinite, and it is not a final verdict on the parent’s relationship with their child. If the parent subject to the prohibition takes meaningful remedial steps – completing addiction treatment, attending anger management therapy, undergoing psychological assessment, and demonstrating a genuine change in behaviour – they can apply to the court for the order to be varied.

In practice, the reinstatement of contact tends to follow a gradual path: supervised visits with a welfare officer present, then unsupervised contact, and eventually the lifting of all restrictions. At each stage, the court assesses whether the change in circumstances is real and whether the child’s wellbeing permits a further expansion of contact.

FAQ

Can a court prohibit contact during proceedings, before issuing a final order? Yes. On the application of an interested party, the court can grant an interim order (zabezpieczenie) restricting or prohibiting contact before the case has been finally determined. The applicant must demonstrate that contact poses a credible risk to the child’s wellbeing.

Does a contact prohibition automatically mean the parent loses parental authority? No. These are two distinct legal concepts. A contact prohibition concerns the right to a personal relationship with the child. Parental authority (władza rodzicielska) concerns the right to make decisions about the child’s upbringing, education and medical care. A court can prohibit contact while leaving parental authority intact, though in serious cases both issues are often addressed together.

What evidence does a court need to order a contact prohibition? The court weighs the totality of the circumstances. Useful evidence includes: medical certificates documenting injuries, witness testimony, photographs or recordings (made in a lawful manner), a chronological record of the child’s behaviour and emotional state following contact visits, and – most importantly – the opinion of a forensic psychologist or the RODK. The more concrete and chronologically consistent the documentation, the stronger the applicant’s position.

What are the consequences for a parent who breaches a contact prohibition? Under civil procedure, the court can order the parent to pay a specified sum for each breach (Article 598¹⁵ of the Code of Civil Procedure). Where the conduct also constitutes the criminal offence of abducting or retaining a minor against the will of the person responsible for their care (Article 211 of the Criminal Code), criminal prosecution is also possible.

Can someone other than a parent apply for a contact prohibition? Yes. An application can be made by any person with a sufficient legal interest – including the other parent, the child’s legal guardian, and in certain circumstances a prosecutor or a social welfare authority. The court may also initiate proceedings on its own motion if it receives information suggesting that the child’s wellbeing is at risk.

I am a foreign national living in Poland – does this framework apply to me? Yes, in full. The provisions described in this article apply to all proceedings before Polish family courts, regardless of the parties’ nationality, where the child habitually resides in Poland. One practical point for foreign nationals: a contact prohibition issued by a Polish court is enforceable in Poland, and through EU and international mechanisms it may also be recognised and enforced abroad. If you are concerned about the risk of a child being taken out of the country in breach of such an order, this is worth discussing with a lawyer at an early stage – there are specific legal steps available to address it.

What is the difference between restricting contact and prohibiting it entirely? Restriction (under Article 113² of the Family and Guardianship Code) covers a wide range of intermediate measures: supervised contact, limitations on where or how often contact takes place, or confinement of contact to remote communication only. Prohibition (under Article 113³) is a complete ban on any form of contact. Courts treat prohibition as a measure of last resort and will generally work through the available restrictions before resorting to an outright ban.

Do you have concerns about contact with your child or about your child’s safety? 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