After parents separate, life does not stand still. New career opportunities arise, there may be a need to change homes, or sometimes a wish to return to one’s family area. The problem begins when the planned move also concerns the child and the other parent firmly objects.
Can a mother move with a child without the father’s consent? Can a father with whom the child lives decide on his own to move to another city? And what should be done when the parents cannot reach an agreement?
The answer depends primarily on the scope of parental authority, previous court rulings and the impact of the move on the child’s situation.
A new job, a new home and the other parent’s objection
Let us imagine the following situation.
The story below is fictional and has been prepared to explain the legal issue.
Anna lives in Kraków with her nine-year-old son. After his parents separated, the boy remained in her day-to-day care. He sees his father regularly—on selected weekdays and every other weekend.
Anna receives an attractive job offer in Nowy Sącz. She could earn more, live closer to her parents and provide her son with a larger home. She has already found a school that the boy could attend.
The father does not consent to the move.
He argues that moving to another city will make it harder for him to see his son regularly and that the child will lose contact with his friends, school and familiar surroundings.
Anna believes that because her son lives with her, she can decide on the move by herself.
Who is right?
Neither parent automatically has the deciding vote merely because they provide day-to-day care or oppose the move. It is necessary to determine what rights each parent has and whether the planned change constitutes an important matter concerning the child.
Can you move with a child without the other parent’s consent?
As a rule, if both parents have parental authority, they should decide jointly on important matters concerning the child.
This follows from Article 97 § 2 of the Polish Family and Guardianship Code.
A change in the child’s place of stay may constitute such an important matter, especially where it involves moving to another locality, changing schools or significantly disrupting existing contact with the other parent.
This does not mean, however, that every change of address requires a separate court ruling.
Moving a few streets away, without changing schools or affecting the child’s daily life, may have a completely different significance from relocating all of the child’s activities to a distant city.
What matters is the actual nature of the change, not merely the distance between the old and new addresses.
If the parents retain the right to decide jointly about the child’s place of stay and cannot reach agreement, it may be necessary to obtain a ruling from the guardianship court.
The child lives with me. Does that mean I decide on the move by myself?
This is one of the most common misunderstandings.
Day-to-day care of a child does not necessarily mean an exclusive right to make every decision concerning the child’s life.
A parent may provide current care, organise the child’s day, take the child to school and attend to daily needs, while still being required to decide important matters jointly with the other parent.
It is particularly important to read any earlier judgment or court order carefully.
If the court has determined that the child’s place of stay is with the mother or the father, this does not automatically mean unlimited freedom to move the child wherever that parent wishes.
Naming the parent with whom the child is to stay must be distinguished from determining the scope of parental authority and the right to participate in decisions about a future change in the child’s place of stay.
The situation may be different if one parent has been deprived of parental authority or if its scope has been restricted in a way that excludes joint decision-making on the particular issue.
Before planning a move, it is therefore necessary to check not only whom the child lives with, but also which decisions each parent may make independently and which require agreement.
We explain this in more detail in the article Restriction of parental authority—when may the court restrict it and how can an application be filed?.
What difference does an earlier divorce judgment make?
Divorce does not automatically mean that one parent loses the right to participate in decisions on important matters concerning the child.
In a divorce judgment, the court rules, among other things, on parental authority and may specify how it is to be exercised.
In practice, a number of arrangements are encountered:
- both parents retain full parental authority;
- one parent is entrusted with exercising parental authority while the other parent’s powers are restricted to specified matters;
- one parent is deprived of parental authority.
Each of these arrangements may lead to a different assessment of the planned move.
It is therefore not enough to say: “I have a judgment stating that the child lives with me.”
The exact wording of the ruling must be checked, as well as whether any subsequent orders concerning the child have been issued.
Importantly, an earlier ruling on the child’s place of stay need not be permanent. If the child’s welfare so requires, an application may be made to the court for an appropriate change.
What should be done if the father or mother does not consent to the move?
The first step should be to try to identify the other parent’s actual reasons for objecting.
Sometimes the problem is not the move itself but the fear of losing regular contact with the child.
For example, a parent may accept the move on condition that new contact arrangements, the division of travel costs or longer stays with the child during school breaks and holidays are agreed.
If an agreement cannot be reached and the matter is one of the important issues concerning the child that must be decided jointly, a parent may file an appropriate application with the guardianship court.
As a rule, this will be an application for the court to decide an important matter concerning the child, relating to consent to change the child’s place of stay or residence.
The substantive legal basis is Article 97 § 2 of the Polish Family and Guardianship Code, while the procedural rules are set out, among other provisions, in Article 582 of the Polish Code of Civil Procedure.
The purpose is not merely to obtain formal consent. The parent should explain why the proposed change meets the child’s needs.
Which court should the application be filed with and how much does it cost?
If the matter is to be heard in separate guardianship proceedings, jurisdiction at first instance generally lies with the district court—family and juvenile division.
Territorial jurisdiction is generally determined by the child’s place of residence or, if the child has no such place, according to the further rules set out in Article 569 of the Code of Civil Procedure.
The fee for a typical application for a ruling on an important matter concerning a child is PLN 100, pursuant to Article 23(1) of the Polish Act on Court Costs in Civil Cases.
If temporary regulation of the situation is necessary, an application for interim relief may also be considered. Its merits, wording and any costs depend on the type of proceedings and the way in which it is made.
Important: where divorce or legal separation proceedings between the parents are already pending, the proper way of making requests concerning parental authority may be different. Article 445¹ of the Code of Civil Procedure provides for special rules, including restrictions on conducting separate proceedings and the possibility of rulings by way of interim relief.
Before filing any pleading, it is therefore necessary to establish whether divorce proceedings are already pending.
What will the court consider when assessing the move?
The court should not resolve the dispute solely on the basis of which parent has the better job, higher income or larger home.
The child’s welfare is paramount.
In practice, the following circumstances may be relevant, among others:
1. Stability in the child’s life. Will the move involve a sudden change of school, environment and daily routine? How does the child cope with change?
2. Care arrangements in the new location. Who will care for the child after school? Will the parent have time for daily care? Are there people nearby who can provide genuine support?
3. Contact with the other parent. Will the move allow an important bond to be maintained? What would the new contact schedule look like, and who would organise travel?
4. Reasons for the move. Is it connected with a justified change in the parent’s employment, housing or family circumstances? What benefits could it bring the child?
5. The child’s needs and views. If the child’s development, health and maturity permit, the child’s reasonable wishes should be given appropriate consideration.
No single factor automatically determines every case.
A good job offer may be an important argument, but it does not give a parent an unconditional right to change the child’s place of stay. Equally, the other parent’s objection alone does not establish that the move would be contrary to the child’s welfare.
Relocation and contact with the child—what can be changed?
Let us return to Anna’s example.
Until now, her son has seen his father during the week and on some weekends.
After a move to another city, maintaining such a schedule may become significantly more difficult.
This does not mean, however, that giving up contact is the only solution.
Different arrangements may be considered: longer weekends, an appropriate division of school breaks and holidays, regular telephone or video calls, and agreed transport arrangements.
It is important that the proposed solution be workable and meet the child’s needs.
Contact with a child is legally distinct from parental authority. Pursuant to Article 113 of the Polish Family and Guardianship Code, both parents and the child have the right and obligation to maintain contact with one another.
If the existing arrangements result from a court ruling, it should not be assumed that the move itself changes them automatically.
Where necessary, an application may be made for the ruling to be varied accordingly.
We discuss this more fully in the article Contact with a child after the parents separate—how can it be arranged and what can be done if contact is obstructed?.
What should be done if the other parent has already moved away with the child?
Such a situation requires particularly careful assessment.
A parent may discover that the child has been enrolled in a new school and has changed their place of stay, while existing contact has become difficult or impossible to exercise.
First of all, it is necessary to establish:
- what rights each parent has;
- whether there is a ruling concerning the child’s place of stay;
- whether contact arrangements have been determined by a court;
- whether the move took place despite the absence of required consent;
- whether the situation requires urgent protection of the rights of the child and the parent.
Depending on the circumstances, proceedings concerning an important matter of the child, the child’s place of stay, the exercise of parental authority or contact may be considered.
There is, however, no single procedure that automatically results in the child’s return to the previous place of residence in every case.
It is therefore very important to determine the correct type of proceedings quickly and to preserve evidence.
Hasty action involving taking the child away independently in breach of existing rulings or escalating the conflict should also be avoided.
Moving to another city and taking a child abroad
These situations must be distinguished.
A move within Poland may significantly change the child’s living conditions, but moving abroad raises additional legal issues.
Relevant matters include the scope of parental authority, the purpose and duration of the trip, previous court rulings and the possible application of international law.
If the parents have the right to decide jointly on the child’s departure abroad, an appropriate agreement or a court ruling replacing the missing consent will generally be required.
The mere fact that a child has a passport does not establish the right to relocate the child permanently to another country.
An unauthorised removal of a child abroad may, in certain circumstances, lead to return proceedings under the applicable international rules.
A planned move abroad should therefore not be treated as an ordinary change of address.
What documents should be prepared before court proceedings?
The documents should demonstrate not only the reasons for the move, but above all its possible impact on the child.
The following may be useful:
- earlier judgments and orders concerning parental authority, the child’s place of stay and contact;
- correspondence between the parents concerning the planned move;
- information about the home and living conditions in the new location;
- documents confirming a change of employment or other important reasons for the move;
- information about the proposed school or nursery;
- a realistic plan for maintaining contact with the other parent;
- documents concerning any particular health, educational or developmental needs of the child.
Not every case requires all of the documents listed above.
It is nevertheless worth preparing a short chronology: when the idea of moving arose, what discussions the parents had, what the objection concerns and what solutions have been proposed.
Information organised in this way makes it easier to assess the situation and prepare the appropriate pleading.
Parents’ most frequently asked questions
Can a mother move with a child without the father’s consent?
It depends on the scope of parental authority, existing rulings and the significance of the planned change for the child. If the father retains the right to participate in decisions about the child’s place of stay and the move constitutes an important matter concerning the child, his consent or a court ruling may be required.
Can a father move with a child without the mother’s consent?
The same rules apply. The law does not automatically give either the mother or the father priority in this respect.
Does changing schools require the parents’ agreement?
The choice of school and a significant change of school may, as a rule, constitute important matters concerning the child. The scope of parental authority and the wording of existing rulings are nevertheless relevant.
Does the other parent’s objection always prevent the move?
No. If the parents are required to make the decision jointly but cannot reach agreement, the competent court may decide the matter.
Can a child decide which parent they want to live with?
The child’s views may be relevant according to the child’s age, development and maturity. This does not mean, however, that the child’s wish automatically replaces a decision by the parents or the court.
Before you pack the last box
For a parent, moving after separation may mean a new job, greater financial stability and an opportunity for a calmer life.
For the child, however, it may mean much more: a change of school, friends, daily routine and the way in which the relationship with the other parent is maintained.
For that reason, the best starting point is not to ask which parent has the stronger position in the dispute, but which solution will best protect the child’s welfare.
Before making a decision, it is worth checking existing rulings, the scope of parental authority and whether a realistic plan for continuing care and contact can be agreed.
Proper preparation may help avoid another court dispute or at least limit its effects on the child.
Assistance from an attorney in cases concerning a child’s place of stay
The Law Office of Attorney Angelika Mazur-Kubowicz provides legal assistance in family-law matters, including parental authority, determination of a child’s place of stay, contact and disputes between parents concerning important decisions.
Assistance may include reviewing earlier rulings, assessing the available options, preparing the appropriate pleadings and representation in court proceedings.
The Law Office operates in Kraków, Proszowice and Mszana Dolna.
If you are planning to move with your child, or if the other parent has made such a decision without agreement, see the scope of the Law Office’s assistance in family-law matters.
Legal position as at 12 November 2026.
This article is for information purposes. Assessment of a particular situation requires an analysis of the documents, the wording of the applicable rulings and the individual family circumstances.