Contact with child

Parents rights to contact with child

According to the provisions of the Family and Guardianship Code, parents and children have the right and even the obligation to maintain contact with each other. The situation becomes more complicated when the parents live separately and the child lives with one of them. If the parents are unable to agree on settlement of contact with the child and the other parent makes it difficult for you to contact your child or completely prevents regular visits, you can take legal action – it may be necessary to apply to the court to regulate the contact with the child. One of the obligatory components of the divorce decree is a decision regarding contact with common minor child (unless the spouses jointly request not to regulate the contacts).

In matters relating to contact with the child, the services provided by our Family Law Firm include:

• regulating contacts between parents and children,
• limiting contact with the child,
• prohibiting contact with the child,
• securing contacts with the child during the proceedings,
• changing contacts with the child,
• regulating contacts of a foreign parent with a child living in Poland,
• enforcement of contacts with the child.

Our family lawyers will help you with:

• negotiations with the other parent concerning contacts with your child,
• parental agreement drafting,
• drawing up an application for establishing contact with your child (with a request to secure contacts),
• preparation for your testimony,
• participation in the court hearing,
• drawing up a complaint against the court order establishing contact with your child.

For more information please see Divorce Guide.

Grandparents’ rights to contact with grandchildren

A very common problem after a divorce is that the contact with the child is difficult for the family of one of the ex-spouses – including grandparents of the child. It is important to know that the grandparents also have right to keep contact with the grandchildren. The Polish Family and Guardianship Code states that the grandparents may apply to the court to regulate contact schedule with the grandchildren. Our lawyers would be happy to advise you and help you to go thru the court proceeding.

In matters relating to contact with the grandchild, the services provided by the Law Firm include:

• regulating contacts between grandparents and children,
• securing contacts with the child during the proceedings,
• changing contacts with the child,
• regulating contacts of a foreign grandparent with a child living in Poland,
• enforcement of contacts with the child.

Do not hesitate to contact our family lawyers – we will analyze your case, answer your questions and indicate what actions should be taken in the case of contact with the child. We would be happy to guide you and represent before the Polish court to establish your contacts with children.

Contact with children after divorce

When the court decides about contact with minor child?

Situation after the divorce is quite complicated when the spouses have common minor children who will live with one of their parents after divorce. Unfortunately, it is not uncommon for the parent-child relationship to suffer. It is important to ensure contacts with children after divorce. When the spouses have common minor children, the principle is that in the divorce decree the court decides and determines contacts between the child and the parent with whom child does not live permanently. There is one exception where the court does not determine contacts with children – on spouses’ joint request. The decision about the contacts may be changed at any time, also after the final divorce, by the court upon request.

What contacts with the child can you request?

Contacts with children may be regulated in the divorce decree, e.g.:

• in detail in a schedule of meetings / phone calls (with specific dates and hours of meetings) or
• very wide / unlimited – each time individually agreed between the parents.

If you prefer contact with the child to be regulated in detail by the court, you may request various forms of keeping in touch with children, in particular:

• maintaining correspondence,
• using other means of distance communication, including electronic means of communication,
• being with the child – visits, meetings, taking the child away from his / her place of permanent residence and direct communication (the court may decide that the parent may take the child abroad as part of the contact).

When does the court limit contact with the child?

The premise for the court’s interference in contacts with the parent is the child’s best interests. Therefore, if the way the parents maintain contact is contrary to the best interests of the child, the court may limit the parents’ contact with the child. The court may limit the parents’ contact with the children in the divorce decree, in particular:

• prohibit meeting in person with the child,
• prohibit taking the child away from child permanent place of residence,
• allow meeting with the child only in the presence of the other parent or guardian, probation officer or other person indicated by the court,
• limit contacts to specific means of distance communication,
• prohibit distance communication.

The court will completely prohibit maintaining contact between the parent and the child if its maintenance seriously threatens or violates the child’s welfare.

How to prove parenting skills and get wide contact with children?

If you want to obtain wide contact with your children after divorce, you should prove before the court in your divorce proceeding that it will be in the best interests of the children, that your relationship with children is good, you are bound by strong ties and you have high parenting skills. Among the useful evidence are, i.a.:

• testimony of the spouses,
• testimony of the witnesses – e.g. family members, friends, employees,
• photos, videos,
• experts’ opinions of psychologists, psychiatry on relations with children, upbringing and parental abilities of parents,
• statements from children’s teachers/schools.