Denying visitation of child in Poland

Denying visitation of child in Poland is a quite common practice used by ex-spouses. It is their way to take revenge for breakdown of an relationship or divorce. Such situation applies usually to divorced fathers. Sometimes for years, they do not get to see their children. As reason they hear that the child „must learn for a test” or „went to visit grandparents” or „is sick”.

Denying visitation of a child in Poland cannot be a way of punishing an ex for divorce or separation. The main legal instrument that can prevent it from happening is a financial penalty.

In case your ex (husband, wife, partner) does not follow court’ ruling concerning child’ visitiation or makes it very difficult or impossible for you to meet your child on a regular basis, you may request the court to impose a financial penalty on your ex. In order to do it, you must submit an application and attach a copy of a court’ decision concerning your visitation right or copy of a settlement signed before court or mediator.

Denying visitation rights  by ex partner – how to react?

It is very important that you are able to identify specific ways your ex has been using to make your contacts with your child either very difficult or impossible. So it is very important to mention very specific ways of behaving for which your ex shall be punished for. The Court shall listen to both parties. Then it may treaten the party responsible for denying visitation of child in Poland to impose financial penalities. The amount of the financial penality shall be adequate to the financial situation of such person.

The seemingly hopeless situation has improved.

Now, the parents whose contact with the child has been illegaly limited may claim compensation for suffering wrongs arising from the lack of possibility to visit the child.

The basis to bring the above mentioned claims is Article 448 of the Civil Code. The Court of Appeal in Gdańsk confirmed this situation in its judgement as of 15 July 2015. The File No is I Aca 202 / 15. The plaintiff was the father of the children. The Court decided that the mother infringed the moral rights of the plaintiff by limiting his personal and over the phone contacts with his daughters.

Denying visitation of child in Poland led to a complete breach of contacts between the plaintiff and his daughters. This situation has caused him emotional suffering. So it became possible to file a claim based on Article 448 of the Civil Code.

Denying visitation of a child in Poland – additional consequences

Denying visitation of a child in Poland, manipulating and setting it against the other parent may give rise to limit parental authority of the parent using such „methods”.

In addition, you can apply for reimbursement of reasonable expences incurred while executing your visitation rights of child in Poland. It could be your gasoline bill, hotel bill, air or train ticket.

Of course, this procedure takes some time. However   you may obtain real benefits: visiting your child and financial penalities for the party denying visitation of child in Poland.