Contact with a child constitutes both a right and a duty of the parent. Importantly, it exists independently of parental responsibility or the timely payment of maintenance. In extreme cases, however, a court may prohibit a parent from having any contact.
What does the right of contact entail?
Pursuant to Article 113 of the Family and Guardianship Code (Kodeks rodzinny i opiekuńczy), contact between parents and a minor child constitutes both a right and a duty. This means that a parent may demand that contact be made possible, whilst equally being obliged not to disregard it (as doing so would amount to a neglect of that duty).
The provisions define contact as comprising physical time spent with the child (visits and meetings, including outside the child’s place of residence) as well as remote communication in its various forms (correspondence, telephone calls, instant messaging, and so forth).
When will a court prohibit contact?
Article 113(3) of the Family and Guardianship Code provides for the possibility of prohibiting contact. This may occur only in extreme cases, where the court determines that the exercise of contact poses a serious threat to the child’s welfare or directly harms it. The provisions do not set out an exhaustive list of circumstances in which such a prohibition is warranted; it is, however, accepted that the use of violence against the child, the child’s moral corruption, or other conduct directly detrimental to the child will justify depriving a parent of the right of contact.
The possibility of varying an order prohibiting contact
An order prohibiting contact is not issued on a permanent basis. As in many other matters concerning the relationship between parents and children, the court’s role is to continually adapt its decisions to the current circumstances and needs of the child.
Should the court determine that a resumption of contact between the parent (or parents) and the child would be in the minor’s best interests, it may vary the earlier order at any time.