Parental authority in Poland

Parental authority in Poland is one of the key institutions of Polish family law. It is governed primarily by the Family and Guardianship Code and is always exercised with the best interests of the child as the overriding principle. As a rule, parental authority is vested in both parents and remains in force until the child reaches the age of majority. It includes not only parental rights, but also legal duties connected with the child’s care, upbringing, property, and representation. In practice, cases concerning parental authority often require immediate legal analysis, strategic action, and effective representation before the guardianship court.

What Does Parental Authority Include?

Under Polish law, parental authority covers the duty and the right to care for the child’s person and property, to raise the child with respect for the child’s dignity and rights, and to represent the child in legal matters. This includes decisions regarding the child’s residence, education, medical treatment, travel abroad, official documents, and the management of the child’s assets. Where both parents exercise parental authority, they are required to decide jointly on important matters concerning the child. If no agreement can be reached, the dispute may be referred to the family court in Poland for resolution.

Parental Authority After Divorce or Separation

In divorce, separation, or other disputes between parents living apart, the court must determine how parental authority will be exercised. Polish law allows the court to take into account a written parental agreement if it is consistent with the child’s welfare. If such an agreement is missing or ineffective, the court may leave parental authority with both parents and define the rules of joint decision-making, or entrust the exercise of parental authority mainly to one parent while limiting the parental authority of the other parent to specified rights and obligations. Every decision must be tailored to the facts of the case and to the child’s best interests.

Limitation, Suspension, and Deprivation of Parental Authority

Polish courts may intervene whenever the welfare of the child is at risk. Depending on the circumstances, the court may issue protective measures, place the exercise of parental authority under supervision, require court approval for certain actions, or order other measures aimed at safeguarding the child. If there is a temporary obstacle preventing a parent from exercising parental authority, the court may order its suspension. If parental authority cannot be exercised because of a permanent obstacle, or if a parent abuses that authority or grossly neglects parental duties, the court may order deprivation of parental authority. In appropriate cases, restoration may also be sought once the legal grounds for the earlier decision no longer exist.

Representation of a Child and Court Disputes

Parents are, in principle, the child’s statutory representatives. However, Polish law provides safeguards where a conflict of interest arises or where the child cannot be properly represented by either parent. In such cases, the court may appoint a separate representative for the child. This is particularly important in contested proceedings involving parental authority in Poland, including disputes over place of residence, schooling, medical decisions, foreign travel, or applications for substitute court consent. Professional legal support is often essential where the case combines family conflict, procedural complexity, and the need to protect the child’s legal position.

Legal Support in Parental Authority Cases in Poland

Proceedings concerning parental authority require more than a general understanding of family law. They often involve urgent applications, evidence strategy, procedural deadlines, mediation issues, and detailed court submissions. Legal assistance may be necessary when initiating proceedings, responding to motions filed by the other parent, seeking modification of an existing judgment, or applying for court consent in a specific matter concerning the child. Properly prepared legal representation can help structure the case clearly, reduce procedural risk, and support a solution aligned with the best interests of the child.

Contact a Family Lawyer in Poland

If you need reliable and strategic legal assistance in a parental authority case in Poland, it is worth consulting Kopeć Zaborowski Adwokaci i Radcowie Prawni. The firm provides support in matters involving parental authority, related family disputes, court applications, and representation in proceedings aimed at protecting the child’s welfare and the client’s legal position. Contact us.

Bibliography

• Obwieszczenie Marszałka Sejmu Rzeczypospolitej Polskiej z dnia 20 lutego 2026 r. w sprawie ogłoszenia jednolitego tekstu ustawy – Kodeks rodzinny i opiekuńczy (Dz.U. 2026 poz. 236)
• Family and Guardianship Code – consolidated text
• Gov.pl – Custody matters / parental responsibility in Poland
• Gov.pl – Frequently asked questions on parental responsibility