Where will the child live after divorce in Poland?

The question of where a child will live after their parents separate is one of the most difficult issues in the entire divorce process. The answer depends on several factors – primarily on how the court allocates parental authority and where the child will actually spend their daily life. Polish law regulates this question precisely, though not always in a way that is immediately intuitive to people unfamiliar with the system.

Table of contents

1. What does “place of residence” mean for a child under Polish law?
2. Where one parent has sole parental authority
3. Where both parents share parental authority equally
4. What if the parents cannot agree?
5. Can a court order on the child’s place of residence be changed?
6. Why does the child’s place of residence matter in practice?
7. FAQ

What does “place of residence” mean for a child under Polish law?

This question arises in almost every family law case – and the answer is less obvious than it might seem. Under Polish civil law, “place of residence” (miejsce zamieszkania) is a legal concept that refers to a specific town or locality, not a specific street address. A child cannot have two places of residence simultaneously – even if in practice they spend time with both parents.

This has real consequences for a wide range of administrative and legal matters: the jurisdiction of the family court in future proceedings, school registration, identity documents, social benefits, and tax matters. For foreign nationals in particular, it is worth understanding that this concept operates differently from the everyday meaning of “where the child lives.”

Where one parent has sole parental authority

The position is most straightforward where the court grants sole parental authority to one parent. Under Article 26 § 1 of the Civil Code (Kodeks cywilny), the place of residence of a child subject to parental authority is the place of residence of the parents, or of the parent who alone holds parental authority or to whom the exercise of parental authority has been entrusted.

This means that where one parent has been deprived of parental authority, or where the court has entrusted its exercise exclusively to one parent, the child’s place of residence automatically follows that parent. The child is legally tied, in terms of residence, to the parent exercising care.

Where both parents share parental authority equally

Courts increasingly decide to leave full parental authority with both parents – particularly where both are actively involved in the child’s life and are capable of cooperating with each other. In that situation, a practical question arises: where is the child’s place of residence if both parents live at different addresses?

The answer is provided by Article 26 § 2 of the Civil Code: where parental authority belongs equally to both parents who have separate places of residence, the child’s place of residence is with the parent with whom the child permanently resides. If the child does not permanently reside with either parent, the family court (sąd opiekuńczy) determines the child’s place of residence.

The key word is “permanently” – this is not simply about where the child spends more hours in a given week, but about which address constitutes the child’s settled centre of life. The Regional Court (Sąd Okręgowy) in Poznań, in case reference XII C 2117/16, entrusted the exercise of parental authority to both parents jointly while establishing that the child’s place of residence would be wherever the mother is residing from time to time. In case reference I N 67/15, before the District Court (Sąd Rejonowy) in Poznań, it was determined that the minor daughter’s place of residence would be wherever the father is residing from time to time. Both decisions show that the court can preserve full parental authority for both parents while designating one parent’s home as the child’s settled centre of life.

The formula “wherever the parent is residing from time to time” (każdorazowe miejsce zamieszkania) is significant: it means that if the parent with whom the child’s residence is established moves to a different town, the child’s legal place of residence changes automatically. This is an important point for any parent considering relocation.

What if the parents cannot agree?

Where the parents are unable to reach agreement on where the child will permanently live, the family court decides. The court’s primary consideration is the child’s welfare: the child’s existing bonds with each parent, the stability of the environment, housing and living conditions, the child’s relationship with siblings, and – particularly for older children – the child’s own wishes.

Court proceedings on this point may require expert reports from forensic psychologists. In our experience, the better prepared a parent is – the more concretely they can demonstrate to the court their day-to-day involvement in the child’s life – the stronger their position in these proceedings.

Can a court order on the child’s place of residence be changed?

Yes – and this is important for parents who fear that the court’s judgment is permanent. Under Article 577 of the Code of Civil Procedure (Kodeks postępowania cywilnego), the family court may vary its order even after it has become final, if the welfare of the person to whom the proceedings related requires it.

This means that if circumstances change significantly after the order is made – one parent plans to move to a different city, the child’s life situation changes, problems arise at the current place of residence – an application to vary the order can be filed. The court assesses in each case whether the proposed change serves the child’s best interests.

Why does the child’s place of residence matter in practice?

Although it may seem like a formality, the child’s legal place of residence has a real impact on many everyday matters. It determines the jurisdiction of the family court in any future proceedings concerning the child. It affects school registration and official address registration (meldunek). It is relevant when applying for social and family benefits, and when obtaining identity documents. Beyond that, the parent with whom the child’s place of residence is established tends to have a stronger position in any future dispute about the child travelling abroad.

FAQ

Can a child have two places of residence in Poland? No. Under Polish law a child can have only one place of residence in the legal sense. Even where the child divides their time equally between both parents, the court designates one place of residence – typically with the parent with whom the child permanently resides.

Is the parents’ agreement on the child’s place of residence sufficient? Yes – where the parents agree, the court will generally accept their arrangement provided it is consistent with the child’s welfare. It is worth presenting such an agreement to the court in writing during the divorce proceedings.

What happens to the child’s place of residence if the parent moves? Where the court order uses the formula “wherever parent X is residing from time to time,” the child’s place of residence changes automatically when that parent moves. Where the order is more specific or refers to a particular town, a change may require a new court order.

Does an older child have a say in where they will live? Yes – the court takes the child’s views into account, particularly where the child is sufficiently mature to express a considered opinion. The child’s view is one factor in the court’s overall assessment; it does not in itself determine the outcome.

How do I apply to change the child’s place of residence? The application is filed with the family and juvenile division of the district court (sąd rejonowy, wydział rodzinny i nieletnich) with jurisdiction over the child’s current place of residence. The application should set out what has changed since the previous order was made and why the proposed change serves the child’s best interests.

I am a foreign national – does Polish law on the child’s place of residence apply to me? Where the child is habitually resident in Poland, Polish courts have jurisdiction over matters relating to parental authority and the child’s residence, and Polish law on this point applies. If one parent lives outside Poland or is considering moving abroad with the child, additional considerations arise – including the rules on international child abduction under the Hague Convention and EU regulations on parental responsibility. These situations require specific legal advice.

What is the difference between “place of residence” and “place of habitual residence” in cross-border cases? In EU and international family law, “habitual residence” (zwykły pobyt) is the key connecting factor for determining jurisdiction and applicable law in cross-border cases. It is a factual concept based on where the child has their settled centre of life in practice. The Polish legal concept of “place of residence” under Article 26 of the Civil Code is a domestic law concept that may not always align precisely with habitual residence in the international sense. In cases with a cross-border element, legal advice is strongly recommended.

Read more about how parental authority is determined after divorce in Poland → [link to relevant page]

Do you have questions about where your child will live after divorce, or do you need to change an existing court order? 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