Contact with children

How does the court determine contact with a child?

The court determines contact primarily on the basis of the child's welfare, taking into account the child's age, bonds with the parent and the way care has been exercised to date. Contact covers not only meetings and taking the child, but also telephone and online conversations and correspondence. The best solution is an agreement between the parents, which the court usually approves.

Contact cases are heard by the District Court with jurisdiction over the child's place of residence, for the Tri-City area most often a court in Gdańsk or Gdynia. Where the parents are unable to reach an agreement, the court establishes a detailed schedule, sometimes following an opinion of the experts of an OZSS panel.

Is it possible to establish contact arrangements for the duration of the proceedings?

Yes, for the duration of the proceedings one may seek an interim contact order (a security order), so that a parent can see the child even before a final and binding ruling. The court examines such an application relatively quickly and sets a temporary schedule of meetings. This is an important tool where the other parent is obstructing contact.

It is worth filing an application for a securing order immediately together with the main application or even before it. We help justify it so that the child regains regular contact with both parents as quickly as possible.

What to do when the other parent obstructs contact?

If a parent fails to comply with court-ordered contact, proceedings may be initiated to enforce it, with the threat of a financial penalty. The court may order the payment of a specified sum for each breach of the final ruling on contact. This is a real mechanism for disciplining a parent who obstructs the meetings.

• first stage - the threat of an order to pay for violations,
• second stage - ordering payment of the established sum for actual obstructions.

We represent parents on both sides, always ensuring that the child's welfare remains at the centre.

Can contact be restricted or prohibited?

Yes, where the child's welfare so requires, the court may restrict contact, for example order that it take place in the presence of the other parent, a court-appointed guardian, or solely in a specified location. In extreme situations, where contact seriously endangers the child, the court may prohibit it entirely. Every such decision requires strong justification and evidence.

Restricting contact is not a punishment for the parent, but protection for the child, which is why the court examines the situation very carefully. We help both parents applying for a restriction and those defending their right to contact.