(1) provide for the joint exercise of parental responsibility; The joint exercise of parental responsibility over the parents means that they can and must exercise the same rights and obligations vis-à-vis the child. This means, among other things, that important matters concerning the child must be decided jointly by the parents and, if they cannot reach an agreement, the guardianship court decides. “There is a consensus that we should not view the issue solely as a matter of legal liability.” Questions of parental responsibility are dealt with in a so-called non-contentious procedure, which is less formal than the judicial procedure. As a rule, parental responsibility lies with both parents. If one of the parents is deceased or does not have full legal capacity, parental responsibility lies with the other parent. The same applies if one of the parents has been deprived of parental responsibility or if his or her parental responsibility has been suspended. Parents may also conclude an agreement on parental responsibility. The law does not require any particular form for this agreement. An agreement between the parents on the exercise of parental responsibility has no legal consequences and can only serve as a basis for a judicial decision in this regard. But they also provide a reason for special education programs to reform and fulfill their legal responsibilities. The Polish Family and Guardianship Code does not define the term “parental responsibility”. In Polish case law and literature, the term “parental responsibility” encompasses a set of duties and rights of parents towards a child in order to properly exercise custody of the child and his property.

On this tab you will find the most important information about parental responsibility, care and the measures taken by the guardianship court. The sections on the right deal with frequently asked questions. The secretary of the corporation does not need to be a director, but they share some of the legal responsibilities of the directors. Parents may apply to a guardianship court in Poland for various matters concerning their parental responsibility for their child, for example: In addition, a parent`s parental responsibility may be limited by a court decision. The other parent then has the right to exercise sole parental responsibility over the child to the extent specified in the court decision. If the exercise of parental responsibility by the parents over a child jeopardises the best interests of the child, their parental responsibility may be limited by a decision of the guardianship court and the child may be placed with a foster family, a home of assimilation with the family, a nursing and treatment institution, in a nursing home. or in a therapeutic rehabilitation facility. Matters relating to parental responsibility fall under the jurisdiction of the district courts – divisions for family and juvenile matters (guardianship court), which are competent for the child`s place of residence.

In the absence of such a basis, the District Court of the City of Warsaw is competent. (2) to confer parental responsibility on one of the parents and to limit the parental responsibility of the other parent to certain duties and rights relating to the child. If the parents do not wish to exercise parental responsibility over their child, they may give their consent to the adoption of the child. Polish legislation provides for three types of adoption: full adoption, full adoption and incomplete adoption. If parents find it difficult to agree on the exercise of parental responsibility, they may turn to a mediator. Mediation takes place on the basis of a mediation agreement or court order requiring parents to mediate. The agreement can also be reached if one of the parents agrees to mediation at the request of the other parent. However, a settlement reached before a mediator (in writing, signed by both parties and the mediator) does not have the force of a judicial settlement until it has been approved by the court. If a court assigns parental responsibility to only one of the parents, that parent may decide all matters concerning the child alone without consultation or agreement with the other parent. When issuing a judgment on divorce, legal separation or marriage annulment, a court must rule on parental responsibility, unless it does not have jurisdiction to rule on parental responsibility in the case in question. When deciding on parental responsibility, a Polish court may take into account a written agreement between the spouses on the exercise of parental responsibility, if this is compatible with the best interests of the child.

(1) determine how parental responsibility and contact with a child are to be exercised when the parents are separated and both have parental responsibility; A guardianship court may withdraw parental responsibility from one of the parents if parental responsibility cannot be exercised because of a permanent obstacle, if the parent abuses parental responsibility or seriously neglects his or her obligations towards the child. If the parents are unable to exercise parental responsibility, they may apply to the guardianship court or another authority to treat their child in foster care. In case of emergency, upon request or with the consent of the child`s parents, the child may be placed in foster care on the basis of an agreement between the district governor and the foster family or a family-type children`s home. If the parents do not reach an agreement, taking into account the child`s right to be cared for by both parents, the court has the following options: the birth certificate of a child, the parents` marriage certificate (if they are married) and other documents in support of the application, for example: