I. Contact with the child in Poland
1. Contact with the child - right and obligation in Poland
In Polish family law, there is a basic principle that the best interest of the child is the most important. Therefore, when establishing parent-child contact in Poland, the wishes of the child in this matter should also be considered. Parent-child contact, it is not only a right of the parent but above all a right of the child. Moreover, contact with the child is at the same time both the duty of the parent and the child. It should also be remembered that maintaining a relationship with both parents is crucial during the child's growth. Therefore, it is essential that the parents cooperate efficiently in regulating contact with the child.
2. Who determines contacts schedule with the child in Poland?
In fact, if the child resides permanently with one of the parents, the manner of maintaining contact with the child by the other parent shall be determined jointly by the parents, guided by the welfare of the child, and considering the reasonable wishes of the child. Parents may conclude and sign the parental agreement, parental agreement may be also used before the court in Poland.
If there is no agreement between the parents, the issue is decided by the family court in Poland. The contacts schedule may be determined by court during the divorce proceeding in Poland or in a separate court proceeding e.g. after the divorce. During the proceeding in Poland the court determines the contacts schedule which has to be followed by both parents under the threat of financial penalty.
3. In what form can I maintain contact with the child in Poland?
According to the Polish Family and Guardianship Code, maintaining contact with the child may consist of: visits, meetings, taking the child away from his or her place of habitual residence, direct communication, maintaining correspondence, and using other means of distance communication, including electronic communication.
The above-mentioned catalog is open, and parents may find another form of realization of contact with the child, beyond the listed catalog.
II. Maintenance obligation in Poland
1. Child support - obligation of the parents
Child maintenance obligation in Poland is considered as the duty of the parents, i.e., the funds necessary to meet the needs of the child. Both parents are obliged to support their child. The needs of the child include food, housing, health care, the purchase of clothing, personal care products, education etc. It should be emphasized that a child has the right to live with the same standard of living as parents.
The issue of the maintenance obligation was also considered in the resolution of the Polish Supreme Court of 16 December 1987, ref. no.: III CZP 91/86, in which it was stated that: "The justified needs of an entitled person should be understood as needs the satisfaction of which will ensure - adequate to his age and talents - proper physical and spiritual development. The wage-earning capacity of the obligor shall be determined by the earnings and income that he would receive if he used his physical strength and mental faculties to the full, and not by his actual earnings and income. Children are entitled to an equal standard of living with their parents, regardless of whether they live with them jointly or separately."
2. How long do I have to pay maintenance in Poland?
Parents' maintenance obligation is not limited by age in Poland. It exists for a child who is not yet able to support himself. It means that the child maintenance obligation does not automatically end when the child turns 18.
3. Who determines the amount of alimony for child in Poland?
If the parents do not live together, the parent who does not live with the child and does not take day-to-day case, shall contribute to child costs of living (usually in a higher share). In Poland the parents may agree the maintenance amount amicably and sign a maintenance agreement. The maintenance agreement in Poland may be signed before the notary public - a properly formulated maintenance agreement will be the direct basis for initiating enforcement proceeding in the event of delay in payments.
In case parents cannot come to an agreement, the maintenance amount in Poland may be also determined by the Polish court - in a divorce proceeding or in a separate alimony court proceeding. When deciding about child support amount the court will take into consideration parents' income, standard of living and child needs - it is very important to submit the relevant evidence to support requests related to the maintenance amount.
III. Contact with the child vs. maintenance obligation
1. Does having contact with a child affect child support?
The problem of execution of contact with a child with a simultaneous maintenance obligation in Poland is very often the subject of questions from Clients of our law firm.
The way in which contact between parents and their child is regulated in Poland is an individual matter. Parents can determine for themselves the frequency of contact, as well as the place where it takes place.
In determining the amount of maintenance amount in Poland, the courts should consider the actual contact costs incurred by the parent, up to an amount not exceeding the legitimate needs of the child. Thus, in determining the child support amount, it is necessary to take into account whether the parent actually maintains contact with the child, which means that the parent helps to take day-to-day care of the child and which involves the costs of staying, traveling, and feeding the child. There is no doubt that these costs, which relate to the child's own needs, should be taken into account when determining the alimony in Poland. But it should be stressed, that in Poland a parent who incurs contact expenses is not entitled to compensate them with the maintenance amount.
2. Do arrears in paying child support entitle to limit contact with the child in Poland?
Even if the obliged parent fails to fulfill maintenance obligation or there are arrears in payments, the other parent cannot limit or prevent the child's contact with the parent. Making contact with the child conditional on the payment of child support in Poland is an unlawful act and can be treated as an abuse of parental authority.
Undoubtedly, each case has its own individual character and therefore requires a separate legal analysis.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
