Do I have a right to contact with my child after separation?
Yes: maintaining contact with a child is a parent's right and duty. Under the Family and Guardianship Code, contact with a child belongs to a parent regardless of whether they have full parental authority and whom the child lives with. Contact covers not only meetings but also conversations (phone, video) and other ways of communicating. It's best when the parents set it by agreement; in a dispute over the manner and frequency, the guardianship court decides, guided by the child's welfare. The court can limit contact, and in extreme situations forbid it, if it threatens the child's welfare. In defined cases grandparents and siblings also have a right to contact. Obstructing set contact carries a sanction.
📋 The rules
- Contact with a child: a right and duty independent of parental authority
- Covers meetings and conversations and other forms of contact
- Set by the parents' agreement or the court
- The court is guided by the child's welfare
- Obstructing contact carries a sanction
🔓 Exceptions
- Threat to the child's welfare: the court can limit or forbid contact
- Contact of grandparents and siblings: possible in defined cases
- Interim setting of contact: security for the duration of proceedings
⚠️ Penalties & fines
Obstructing or preventing court-set contact risks a financial sanction: the court can threaten ordering payment of a set sum, then order its payment for each breach (art. 598(15)–598(16) of the Code of Civil Procedure). On the other hand, a parent who abuses contact or endangers the child risks having it limited by the court. To set contact: first try an agreement (including via mediation), write down a schedule (dates, places, forms), and in a dispute file an application with the guardianship court to set contact (interim security is possible). If the other side breaks the arrangements, you can apply for a threat and a financial penalty.
📎 Official sources
- ISAP · Family and Guardianship Code (contact with a child) →
- ISAP · Code of Civil Procedure (enforcing contact) →
- Gov.pl · Family matters →
❓ Frequently asked
Do I have a right to contact with my child if they don't live with me?
Yes. Contact with a child is a parent's right and duty, independent of whom the child lives with and whether you have full parental authority. Contact covers meetings but also phone and video calls. The manner and frequency are best set with the other parent or, in a dispute, before a court.
Who sets contact with a child?
Primarily the parents — by agreement, ideally written. If they can't agree, the guardianship court decides how contact is maintained, guided by the child's welfare. The court can also set contact on an interim basis, as security for the duration of the proceedings.
What do I do if the other parent obstructs contact?
You can apply to the court to enforce the set contact. The court first threatens ordering payment of a set sum for each breach, and if that doesn't help — orders its payment. It's a financial sanction meant to prompt compliance with the agreed contact schedule.
Can the court limit or forbid contact?
Yes, if the child's welfare requires it. Where there's a threat to the child, the court can limit contact (e.g. only in the other parent's or a guardian's presence), and in extreme situations forbid it. The decision depends on the specific circumstances and is always subordinate to the child's welfare.
Do grandparents have a right to contact with grandchildren?
In defined cases yes. The right to maintain contact with a child belongs not only to parents but, in some situations, also to grandparents and siblings. If contact is obstructed, they too can apply to the guardianship court to set it, in the interest of the child's welfare.
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