Parents’ disagreement over the child’s holiday and permission for the passport
In practice, there are many cases where, in the course of the ongoing divorce proceedings, one parent would like to take the child on vacation, but the other does not agree. What can you do in this situation?
A parent who travels with the child alone should have with him / her permission for such travel expressed by the other parent (safest in the form of a notarial deed). This is important because in the event of a conflict between parents or a child not agreeing to leave, the other parent may submit a notice to the Police about the offense of abducting a child abroad. If one of the parents does not agree to the departure of the minor, the other one may personally or through a representative – an advocate submit a request to the Court for a decision on this matter – this is called settling in important matters of the child.
This application is subject to a fee of PLN 100 and should be submitted to the District Court competent for the child’s current place of residence or stay. The application should be accompanied by a shortened copy of the child’s birth certificate and a shortened marriage certificate or a copy of the court decision regulating the exercise of parental authority.
In this way, the consent of a non-agreeing parent will be replaced by a judgment of the Family Court. On the basis of such a judgment, a passport for a child can be issued. It does not matter that the parents are in the process of divorce.
It is only important whether both parents have parental responsibility. Crossing the Polish border is possible on the basis of a child’s individual passport, one parent’s entry in the passport or a temporary identity card (if the journey takes place in one of the EU countries).
KSJ Legal Law Firm handles many matters in the field of family guardianship law, including those related to parental authority, contacts, educational agreement and child support. We advise at every stage of the proceeding, starting from an attempt to resolve the case amicably to obtaining a final decision and execution before law enforcement authorities.
Attorney-at-law Joanna Susło
KJS Legal Kancelaria Adwokacka – Law firm in Wrocław
Advocate – Wrocław – Divorce in Poland – Family Law in Poland