When to Apply to a Polish Court to Establish Child Contact Arrangements

Child contact is one of those issues that can become the deepest source of conflict after a relationship ends – not because parents do not care about their children, but precisely because they do. When agreement between the parents becomes impossible, it is worth knowing when and why involving a court makes sense, and what that process actually looks like in Poland.

Table of Contents

1. When is a court application justified?
2. What does the court decide in its order?
3. Which court do you apply to?
4. How to prepare
5. FAQ

When Is a Court Application Justified?

The short answer: when attempts to reach agreement with the other parent are not working – or are not possible at all.

The longer answer is more nuanced, because situations vary enormously.

No agreement on the basic terms. The parents have separated, each has a different idea of how contact should work, and neither is willing to move. This is the most common situation. Before going to court, it is worth considering family mediation – it is faster, less expensive and gives both parties more control over the outcome. If the other parent refuses to engage or insists on terms that are simply unacceptable, a court application becomes the only realistic option.

Contact is being blocked entirely. A more serious situation – one parent is simply preventing the other from having any contact with the child at all. Calls go unanswered, messages are ignored, the parent moves without notice, excuses follow one after another. In these cases an application to the court is not just justified – it is necessary. A child has the right to contact with both parents, and neither parent can unilaterally take that right away.

Contact exists on paper but not in practice. This is harder to describe in a single sentence but in practice it is deeply damaging. The other parent does not formally refuse contact, but changes arrangements at the last minute, cuts visits short, insists on being present at every meeting, comments and criticises throughout. Building a genuine relationship with a child in those conditions is practically impossible. A court order sets out rules that both parties must follow, regardless of what either of them thinks is ideal.

What Does the Court Decide in Its Order?

The court is guided above all by the best interests of the child – and that is not an empty phrase. In practice it means the order should be tailored to the specific child: their age, needs, daily routine and relationship with each parent.

The contact schedule. This is usually the core of the order. The court specifies concrete times – for example the first and third weekend of the month, Tuesday and Thursday afternoons, part of the summer holidays and school breaks, public holidays. The older the child, the more flexible the schedule tends to be – because a teenager has their own plans and their own views, which the court cannot simply ignore.

Where contact takes place. In standard cases the entitled parent generally has freedom as to location – contact can take place at their home, on a day out, wherever makes sense. In high-conflict cases or where there are concerns about the child’s safety, the court may initially limit contact to a neutral venue or order that it takes place under the supervision of a court-appointed supervisor. This is not a permanent solution but a starting point for gradually building trust.

The form of contact. Beyond in-person visits, an order can regulate indirect contact – phone calls, video calls, correspondence. This is particularly important where parents live in different cities or where one of them is abroad.

The presence of third parties. The court can order that contact takes place without certain people present – or conversely, that it must take place in the presence of a supervisor or psychologist. The latter is used in cases where parental alienation is suspected and the child needs support in rebuilding a relationship with one parent.

Which Court Do You Apply To?

Under Article 569 § 1 of the Code of Civil Procedure, the competent court is the family court – the Family and Minors Division (Wydział Rodzinny i Nieletnich) of the District Court (Sąd Rejonowy) – with jurisdiction over the child’s place of residence. Not the applicant’s place of residence. Not where the divorce took place. The child’s place of residence.

If the child does not have an established place of residence, the competent court is the one covering the child’s current place of stay. In exceptional cases where neither criterion applies, the application is filed with the District Court for the capital city of Warsaw.

One practical note for foreign nationals: if you are going through divorce proceedings in Poland at the same time, contact arrangements can be regulated within the same proceedings – there is no need to file a separate application.

How to Prepare

Good preparation genuinely affects how a case unfolds. Several things are worth doing before filing.

Gather documentation. If the other parent has been blocking contact, proving this to the court requires evidence. Screenshots of messages, printed emails, call records, notes of dates and circumstances when contact was refused or obstructed – all of this can matter. Start collecting it as early as possible, not only after proceedings have begun.

Propose a concrete schedule. The application should include a specific contact proposal – not a general wish, but a detailed schedule that takes into account the child’s age, their activities, and the distance between where each parent lives. The court will not invent the optimal solution on its own. The party that comes prepared with a well-thought-through proposal has a real advantage.

Consider mediation. Even if previous attempts at agreement have failed, formal mediation conducted by a trained mediator can work where informal conversations do not. A mediated agreement has one significant advantage over a court order: both parties had a hand in creating it, which makes it more likely to be respected in practice.

Get legal advice before filing. Formal errors, imprecise claims or poorly constructed arguments can lengthen proceedings or weaken your position. An initial consultation is usually faster and cheaper than correcting mistakes once the case is already underway. If your Polish is limited, having a lawyer who can prepare and file documents on your behalf is particularly valuable.

FAQ

Can I apply if the child’s other parent and I were never married? Yes. The right to contact with a child applies to every parent regardless of whether the parents were married. The application is filed with the district court covering the child’s place of residence.

How much does it cost to file an application? The court fee for an application to establish contact arrangements is 100 Polish złoty. This is a fixed fee, regardless of the circumstances of the case.

How long does the process take? It depends on the court and on whether the case is contested. Uncontested proceedings can conclude within a few months. Contested cases – involving expert psychological assessments and multiple hearings – can take a year or more. If the child’s situation requires immediate action, you can apply for interim contact arrangements while the main proceedings are ongoing.

Can I apply for interim contact arrangements before the case is resolved? Yes. An application for interim measures can be filed together with the main application or at any point during proceedings. The court can then temporarily regulate contact until the final order is issued.

What if the other parent does not follow the court-ordered schedule? A court order is enforceable. The primary tool is an application for a financial penalty order under Article 598¹⁵ of the Code of Civil Procedure – the court can impose an obligation to pay a specified sum for each breach of the order.

Will the child be asked for their opinion? Yes, if they have reached an appropriate age and level of maturity. The court may hear the child directly or obtain their views through a psychological expert assessment. The child’s wishes are taken into account – though they are not automatically decisive.

I am a foreign national. Do I have the same rights as a Polish parent in these proceedings? Yes. Your rights under Polish family law do not depend on your nationality or citizenship. If your child habitually resides in Poland, Polish courts have jurisdiction and both parents – regardless of where they are from – have equal standing in proceedings. Proceedings are conducted in Polish, so having a lawyer who can handle the language and the procedural requirements on your behalf makes the process significantly more manageable.

The other parent wants to take our child out of Poland. Can the court prevent this? Yes. If you have concerns that the other parent may take the child abroad without your consent, you can apply for an interim measure prohibiting the child from leaving Poland. The court can also order that the child’s passport be deposited with the court for the duration of proceedings. Acting quickly matters here – once a child has left the country, the situation becomes considerably more complicated.

I live abroad but my child is in Poland. Can I still apply? Yes. You can file the application through a lawyer in Poland acting on your behalf. You do not need to be physically present in Poland to initiate proceedings, though you may need to attend certain hearings. Your lawyer can advise on which hearings require your presence and whether remote participation is possible.

Read more about what happens when the other parent does not comply with a contact order in Poland → [link to relevant page]

Do you need legal help with child contact arrangements in Poland? 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 circumstances and documents involved. 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 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