Parental separation, difficulties communicating about a child or improper care may lead to proceedings concerning the restriction of parental authority. In practice, parents often ask when a court can restrict a mother's or father's authority, what evidence needs to be prepared and whether such a decision means losing the ability to see their child.
The answer depends primarily on the legal basis and the circumstances of the particular case. Restricting parental authority does not necessarily mean that a parent has committed violence or neglected their child. The situation of parents who live separately is assessed differently from a situation in which the child's welfare is at risk.
We explain what orders a Polish family court may make, how to prepare an application and how restricting parental authority differs from its suspension or deprivation.
What is parental authority under Polish law?
Parental authority (władza rodzicielska) includes the rights and duties connected with caring for a child, bringing them up, legally representing them and managing their property.
Under Article 95 of the Polish Family and Guardianship Code (Kodeks rodzinny i opiekuńczy), parents must exercise parental authority with respect for the child's dignity and rights, guided by the child's welfare.
In practice, parental authority concerns, among other things:
- providing appropriate living conditions, care and upbringing;
- making decisions about the child's health, medical treatment and education;
- choosing a school and making other important decisions about the child's development;
- representing the child in certain legal matters;
- managing the child's property.
As a general rule, parental authority belongs to both parents. Where both have parental authority, each is entitled and obliged to exercise it. Parents should make decisions about important matters concerning their child together. If they cannot agree, the guardianship court may resolve the dispute.
Parental authority is not a privilege intended to serve the parent's personal interests. Its exercise must primarily serve the child's welfare.
When can a court restrict parental authority?
Polish law provides for different legal grounds for restricting parental authority. Two particularly important provisions are Articles 107 and 109 of the Polish Family and Guardianship Code.
Although both provisions may result in restrictions on a parent's authority, they concern different situations.
Restriction of parental authority under Article 107 – when parents live separately
Article 107 of the Polish Family and Guardianship Code applies where both parents have parental authority but live separately.
In these circumstances, the guardianship court may determine how parental authority is to be exercised and how contact with the child is to be maintained, guided by the child's welfare.
If the parents do not submit an appropriate agreement, the court determines how parental authority is to be exercised, taking into account the child's right to be brought up by both parents.
The court may also entrust the exercise of parental authority to one parent and restrict the other parent's authority to specified rights and duties concerning the child, where the child's welfare justifies this.
For example, the court may allow one parent to participate in decisions on selected important matters while entrusting day-to-day care and other decisions to the other parent.
In such a case, it is not necessary to prove violence, addiction or serious neglect of the child. The purpose of the decision is to regulate the exercise of parental authority appropriately where the parents live separately.
However, merely living apart does not mean that restricting one parent's authority is mandatory. Where both parents can cooperate and their arrangements serve the child's welfare, both may retain full parental authority.
Restriction of parental authority under Article 109 – when the child's welfare is at risk
Article 109 of the Polish Family and Guardianship Code applies in different circumstances.
Where the child's welfare is at risk, the guardianship court makes appropriate orders to protect the child.
It is not necessary to wait until the child has suffered serious harm. What matters is establishing a real risk that justifies the court's intervention.
Depending on the circumstances, such risks may involve:
- physical or psychological violence;
- serious neglect of the child's health, educational or emotional needs;
- a parent's addiction that negatively affects the child's safety or care;
- leaving the child without adequate supervision;
- conduct exposing the child to danger;
- prolonged and serious failures in providing proper care.
However, not every disagreement between parents, difference in parenting approaches or isolated conflict justifies intervention under Article 109.
The court must establish precisely how the child's welfare is at risk and which measures are appropriate to protect it.
How can a court restrict parental authority?
The scope of the court's intervention depends on the family's situation and the legal basis for the decision.
Restricting the authority of one parent
Where parents live separately, the court may entrust the exercise of parental authority to one of them and specify the matters in which the other parent retains rights and duties.
For example, the order may concern participation in decisions about:
- choosing or changing the child's school;
- important medical treatment decisions;
- other specified matters concerning the child.
The precise scope of the parent's authority follows from the wording of the court order. It should not be assumed that every restriction of parental authority has identical consequences.
Supervision by a court-appointed guardian or probation officer
Under Article 109, the court may place the exercise of parental authority under the ongoing supervision of a court-appointed family probation officer (kurator sądowy).
The officer monitors the family's situation and performs the duties arising from the court order and applicable law. This does not automatically mean that the child will be removed from their parents.
Requiring specified actions
The court may require parents and the child to take appropriate steps, such as cooperating with a family support worker, attending counselling or participating in certain forms of specialist assistance.
Such measures are intended to improve the child's situation and reduce existing risks.
Other measures to protect the child
In more serious cases, Polish law also allows further-reaching measures, including placing a child in alternative care where the statutory conditions are met.
This does not mean that every case involving the restriction of parental authority may result in the child being removed from their family. The court must choose measures appropriate to the nature and extent of the risk and the child's actual needs.
What is the difference between restriction, suspension and deprivation of parental authority?
These three concepts are often confused, although their legal grounds and consequences differ.
Restriction of parental authority
Restriction involves defining or limiting the scope of parental authority or applying appropriate protective measures.
The parent may continue to retain certain rights and duties towards the child.
Suspension of parental authority
Under Article 110 of the Polish Family and Guardianship Code, the court may suspend parental authority where a temporary obstacle prevents its exercise.
This concerns situations in which a parent is temporarily unable to exercise parental authority properly. Once the reason for the suspension ceases to exist, the suspension should be lifted.
Deprivation of parental authority
Article 111 provides for deprivation of parental authority in the circumstances specified by law, particularly where there is a permanent obstacle to exercising it, an abuse of parental authority or gross neglect of duties towards the child.
This is a more far-reaching measure than restriction.
Deprivation of parental authority may concern only one parent. In certain circumstances, the court may also restore parental authority if the reason for its deprivation ceases to exist.
Deprivation of parental authority should not automatically be sought merely because the parents are involved in a serious conflict. The requested measure must correspond to the actual circumstances and the applicable legal grounds.
Does restricting parental authority mean prohibiting contact with the child?
No. This is one of the most important distinctions.
Parental authority and contact with a child are separate legal matters.
Under Article 113 § 1 of the Polish Family and Guardianship Code, parents and their child have both the right and the duty to maintain contact with one another, independently of parental authority.
This means that a parent whose authority has been restricted may still meet their child, have the child stay with them under agreed or court-ordered arrangements, speak with the child by telephone or maintain online contact.
Even deprivation of parental authority does not, in itself, automatically prohibit contact.
However, if contact threatens the child's welfare, the court may restrict it under Article 113² or prohibit it under Article 113³ where contact seriously threatens or harms the child's welfare.
For more information about arranging meetings and responding when contact is obstructed, read our guide: Contact with a child after parental separation – how to arrange it and what to do if contact is obstructed?.
How do you apply to restrict parental authority in Poland?
Where a matter is to be heard in separate guardianship proceedings, it is necessary to identify the competent court and prepare an application setting out specific requests.
Which court should receive the application?
Cases concerning parental authority generally fall within the jurisdiction of the **district court (sąd rejonowy), family and juvenile division (wydział rodzinny i nieletnich)**, acting as the guardianship court.
Under Article 569 of the Polish Code of Civil Procedure, territorial jurisdiction is determined primarily by the child's place of residence or, where there is no such place of residence, according to the further criteria set out in that provision, including the child's place of stay.
The application should not automatically be submitted to the court with jurisdiction over the place where the applicant parent lives.
What should the application contain?
A properly prepared application should include:
- Identification of the competent court.
- Details of the applicant, other participants and the child.
- A precise description of the order requested.
- Reasons supported by specific circumstances.
- Requests concerning evidence.
- The required documents and copies of the application.
The most important aspect is precisely defining the requested order.
Where the case concerns parents living separately, an application may seek appropriate arrangements for exercising parental authority, for example entrusting its exercise to one parent while limiting the other parent's authority to specified matters.
Where the proceedings are based on a threat to the child's welfare, the application may instead seek appropriate protective orders, such as supervision by a court-appointed family probation officer.
These are not identical applications. Their content must be adapted to the relevant legal basis and the particular facts.
Does the other parent have to agree?
No. An application can be made even if the other parent opposes restricting their parental authority.
The court decides on the basis of the evidence and its assessment of the child's welfare, rather than solely on the position of either parent.
What documents and evidence should you prepare?
In parental authority proceedings, establishing specific events is particularly important. Merely presenting a negative opinion of the other parent is not enough.
Depending on the circumstances, useful evidence may include:
- a copy of the child's birth certificate;
- previous judgments or orders concerning parental authority, the child's place of residence and contact;
- text messages, emails or other relevant correspondence;
- records from the child's school, nursery or medical provider;
- documents concerning police interventions or actions by other institutions, if any took place;
- information about previous involvement of a probation officer or family support services;
- medical records or documents concerning the child's special needs, where relevant;
- testimony from witnesses with direct knowledge of the events;
- other relevant and lawfully obtained evidence.
Not all these documents will be necessary in every case.
How should events be described in the application?
Rather than making general statements that the other parent “is not interested in the child” or “makes bad decisions”, it is better to describe specific situations.
For example:
- when the problem occurred;
- what exactly happened;
- how it affected the child;
- who witnessed the event;
- which documents may confirm it.
It is useful to prepare a short chronology of the most important events. An application based on organised facts is far more useful in court than a lengthy description of the conflict between the adults.
What happens during family court proceedings?
After proceedings have begun, the court reviews the participants' statements and the evidence submitted.
Depending on the circumstances, it may:
- hear the parents;
- take witness evidence;
- review documents concerning the child;
- request relevant information;
- commission an assessment of the family's home environment;
- obtain a specialist opinion, including an opinion from OZSS.
**OZSS (Opiniodawczy Zespół Sądowych Specjalistów)** is a Polish court-appointed team of specialists that prepares expert opinions for court proceedings, including family cases.
However, not every case concerning restriction of parental authority requires an OZSS opinion.
Does the court hear the child?
Where the child's intellectual development, health and maturity allow it, the court hears the child in accordance with Article 576 of the Polish Code of Civil Procedure, taking the child's reasonable wishes into account where possible.
The hearing takes place outside the courtroom.
This does not mean that the child decides the outcome independently. Their views are one of the factors the court considers when assessing the situation.
Can you obtain interim measures while proceedings are pending?
Yes. In justified circumstances, an application may be made for temporary arrangements concerning the child's situation during the proceedings.
The scope of interim measures depends on the nature of the risk and the subject of the proceedings. They may concern, for example, temporary arrangements for caring for the child or other matters requiring an urgent decision.
In cases concerning care of minor children and contact with a child, Article 756¹ of the Polish Code of Civil Procedure generally provides for interim measures to be considered after a hearing, unless the circumstances require urgent action.
The application should identify the temporary order being requested and explain why it is necessary.
Where there is an immediate threat to the child's health or life, it may be necessary to notify the appropriate emergency services without waiting for a court hearing.
How much does an application to restrict parental authority cost?
As a general rule, the court fee for a separate application to restrict parental authority is PLN 100.
The legal basis is Article 23 of the Polish Act on Court Costs in Civil Cases, which governs fees for applications initiating non-contentious proceedings unless a special provision provides otherwise.
Additional expenses may arise from expert opinions, other evidentiary steps or a lawyer's fees.
A person experiencing financial hardship may consider applying for an exemption from court costs if they meet the statutory requirements.
How long do proceedings to restrict parental authority take?
There is no single deadline within which every case of this type must be completed.
The duration depends on the amount of evidence, the parents' positions, the need for expert opinions and the workload of the court.
Where the child's situation requires urgent action, the possibility of seeking interim measures should be considered separately.
Restriction of parental authority during and after divorce
Where divorce proceedings are pending between spouses, matters concerning parental authority over their joint minor children are subject to special procedural rules.
Under Article 445¹ of the Polish Code of Civil Procedure, separate proceedings concerning parental authority over the spouses' joint minor children cannot be initiated while divorce or legal separation proceedings are pending.
Where necessary, the court hearing the divorce case may issue appropriate interim orders.
The situation is different once the divorce judgment has become final.
Where the child's welfare requires it, Article 106 of the Polish Family and Guardianship Code allows the guardianship court to amend a previous decision concerning parental authority and how it is exercised, as contained in the divorce judgment.
This means that decisions concerning a child do not necessarily have to remain unchanged throughout childhood.
If you are preparing for divorce and want to understand what decisions a Polish court makes concerning children, read our guide: Divorce with children in Poland – what does the court decide and how should you prepare?. It explains parental authority, the child's place of residence, contact arrangements and maintenance during divorce proceedings.
Can a restriction of parental authority be changed or lifted?
Yes. If the circumstances that justified an earlier order have changed, an application may be made to amend it.
Relevant circumstances may include:
- a lasting improvement in the way the parent cares for the child;
- the removal of risks to the child's welfare;
- successful treatment or therapy where previous difficulties involved health problems or addiction;
- improved cooperation between the parents;
- changes in the child's needs as they grow and develop.
However, a parent's wish to regain broader authority is not sufficient on its own.
The court considers whether there are grounds for changing the earlier order and whether the change will serve the child's welfare.
Common mistakes in proceedings concerning parental authority
1. Confusing restriction of parental authority with a ban on contact
A parent may have restricted parental authority while continuing to maintain regular contact with their child.
2. Seeking a restriction solely because of conflict between the parents
The court's role is not to decide which parent is right in every argument. The applicant must demonstrate what order is needed to protect the child's welfare.
3. Making an imprecise request
Simply asking the court to “restrict parental rights” may not explain what specific decision is being sought.
4. Making allegations without evidence
Records of specific events, witness testimony and other reliable evidence are more useful than general accusations.
5. Treating the proceedings as a way to punish the other parent
The purpose of the proceedings is to protect the child's welfare, not to impose a penalty for the end of a relationship or personal behaviour towards a former partner.
6. Overlooking earlier court orders
Before filing an application, it is necessary to check whether orders concerning the child already exist and whether divorce proceedings are pending.
Frequently asked questions about restricting parental authority (FAQ)
Can a mother apply to restrict a father's parental authority?
A mother may submit an appropriate application if there are legal grounds for doing so. A father has the same right to apply concerning the mother. The decision is made by the court, guided by the child's welfare.
Can a father apply to restrict a mother's parental authority?
Yes. Polish law does not automatically give mothers priority. The court examines how each parent exercises parental authority and assesses the child's circumstances.
Does failure to pay child maintenance automatically restrict parental authority?
No. Child maintenance arrears do not automatically result in the loss or restriction of parental authority. However, circumstances concerning a parent's failure to fulfil duties towards their child may be relevant to the overall assessment of the family situation.
For more information about how maintenance amounts are determined, read our guide: Child maintenance – what determines the amount and what evidence should you prepare?.
Can a parent with restricted authority decide about the child's school or medical treatment?
It depends on the wording of the court order. If the parent retains the right to participate in certain decisions, their involvement may still be required. The exact scope of their authority cannot be established without examining the particular order.
Does restricting parental authority remove the right to receive information about the child?
There is no single answer applicable to every situation. It is necessary to review the court order, the rights retained by the parent and the legal provisions governing access to particular information.
Can the court restrict parental authority without the other parent's consent?
Yes. The other parent's consent is not a requirement if the court finds sufficient legal grounds to make the order.
Can the court initiate proceedings on its own initiative?
Yes. In guardianship matters, the court may also act of its own motion when it receives information indicating a need to protect the child's welfare.
Does restricting parental authority mean that the child will be removed from the family?
No. Restriction may involve various measures, including defining the parents' authority or ordering supervision by a probation officer. Placing a child outside their family is a significantly more intrusive measure requiring a separate assessment of the statutory conditions.
Can full parental authority be regained?
In appropriate circumstances, an application can be made to amend or lift an earlier order. However, it is necessary to demonstrate that the change will serve the child's welfare.
Do you need a lawyer for these proceedings?
There is no general requirement to be represented by a lawyer before a Polish family court. However, professional assistance may be particularly useful where proceedings involve serious allegations, extensive evidence, previous orders or the need for interim measures.
How should you prepare for a consultation with a lawyer?
Before the consultation, it is advisable to organise the most important documents and establish what outcome the child actually needs.
It is useful to prepare a short chronology of events, identify previous court orders concerning the child and gather relevant correspondence and other evidence.
It is also worth considering whether the problem primarily concerns a lack of agreement between parents who live separately or a specific threat to the child's welfare.
This distinction may be crucial when choosing the correct legal basis and formulating the application.
Lawyer for restriction of parental authority – Kraków, Proszowice and Mszana Dolna
Cases concerning the restriction of parental authority require particular care because their consequences affect not only the parents but, above all, the child's everyday life and safety.
The Law Office of Attorney Angelika Mazur-Kubowicz provides legal assistance in family law matters, including parental authority, the child's place of residence, contact arrangements and maintenance.
The law office assists people seeking a lawyer in Kraków, Proszowice and Mszana Dolna.
During a consultation, previous court orders can be reviewed, the available evidence assessed, the appropriate legal basis identified and possible requests and further steps discussed.
The primary objective is not simply to restrict one parent's authority but to establish family arrangements that genuinely protect the child's welfare.
Legal basis: Articles 92–98, 106–111 and 113–113⁶ of the Polish Family and Guardianship Code; Articles 568–570, 576–578, 730 et seq., 755, 756¹ and 445¹ of the Polish Code of Civil Procedure; Article 23 of the Polish Act on Court Costs in Civil Cases.
This article is provided for general information. Assessing the grounds for restricting parental authority and selecting the appropriate procedure requires an individual review of the child's circumstances and relevant documents.