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Free Guide to Hiring a Family Lawyer
Child custody matters in Hrubieszów are handled under Polish family law and decided by the local family court - Sąd Rejonowy w Hrubieszowie, Wydział Rodzinny i Nieletnich. The court focuses on the best interest of the child - dobro dziecka - when making decisions about who has parental authority, where the child will live, and how contact between the child and the non-resident parent will be organised.
Polish law recognises parental authority - władza rodzicielska - which covers decisions about the childs upbringing, education, health care and property. Courts can confirm joint parental authority, award sole parental authority to one parent, limit or suspend parental authority in serious cases, and decide on custody, residence and contact schedules.
Child custody cases can be emotionally charged and legally complex. A lawyer can help you understand your rights, draft petitions, gather and present evidence, represent you at hearings, and negotiate agreements that protect your childs interests. Legal representation is particularly important in the following common situations:
- When parents disagree about where the child should live or about daily care and decision making.
- When one parent seeks sole parental authority or when parental authority is being limited or suspended due to alleged neglect, substance abuse, violence or other serious concerns.
- When enforcement of contact or child maintenance is required, or when existing orders need modification due to changed circumstances.
- When there are allegations of domestic violence, child abuse, or risk of parental abduction, including cross-border issues covered by the Hague Convention.
- When mediation, expert evaluations or psychological assessments are likely to be required by the court.
Key legal rules and features relevant in Hrubieszów derive from the Polish Family and Guardianship Code - Kodeks rodzinny i opiekuńczy - and procedural law governing family proceedings. Important aspects include:
- Best interest principle: The court decides based on the childs physical, emotional and developmental needs, relationships with family members, and the childs own views when they are able to form them.
- Types of parental authority: Joint parental authority is the default for married parents. The court may grant sole parental authority to one parent if it benefits the child, or limit and suspend parental rights in cases of serious harm.
- Residence and contact: The court sets the childs place of residence and arranges contact schedules. Contact can be unrestricted, supervised, limited or temporarily suspended depending on the circumstances.
- Child maintenance - alimenty: Maintenance obligations are separate but often decided alongside custody. Enforcement of maintenance orders is carried out through enforcement officers - komornik sądowy.
- Interim measures: The court can issue temporary orders to protect the child while proceedings are ongoing, including emergency custody, restraining measures, and supervised contact.
- Protective measures: In cases of domestic violence or immediate danger, police, social services and the court can take swift protective actions, including orders of protection and placement with family or care services.
- Mediation and expert opinions: Courts encourage mediation - mediacja rodzinna - and frequently order psychological, pedagogical or social-welfare assessments to help decide what arrangement serves the child best.
- International issues: Poland is a party to international instruments on child protection and abduction. Cross-border disputes may involve additional procedures, including the Hague Convention on the Civil Aspects of International Child Abduction.
The court can confirm joint parental authority, award sole parental authority to one parent, limit or suspend parental authority, determine the childs place of residence, and set the scope and schedule of contact with the non-resident parent. The arrangement chosen depends on the childs best interest.
The court considers the childs age, emotional and developmental needs, the childs relationship with each parent and other family members, the stability of proposed living arrangements, parental ability to provide care, any history of abuse or neglect, and the childs own expressed wishes if they are sufficiently mature.
Yes. You can file a petition at the family court without a lawyer. However, legal procedures, evidence rules and court practice can be complex. Legal advice or representation improves the chances of presenting a clear case and obtaining effective orders, particularly in contested, urgent or high-conflict matters.
Useful evidence includes the childs birth certificate, school and medical records, documentation of living conditions, statements from teachers or doctors, records showing involvement in the childs care, police reports in cases of violence, and any expert assessments ordered by you or the court.
Times vary depending on complexity, court workload, and whether the case is contested. Simple agreements confirmed by court can be resolved faster. Contested cases with hearings, expert assessments and appeals may take months or longer. Courts can order interim measures in urgent cases to protect the child while the case proceeds.
Yes. Courts can recognise contact rights for grandparents and relatives and, in exceptional circumstances, award custody or guardianship if it serves the childs best interest and parents are unable or unfit to care for the child.
If the other parent violates a court order the court can enforce contact through fines, supervised contact orders, or other measures. If a parent intends to move and the move affects the childs residence with the other parent, you may seek a court decision preventing relocation or setting new conditions. International removals may trigger Hague Convention procedures for wrongful removal.
Child maintenance is a separate but related matter. The court can rule on maintenance amounts when deciding custody or in a separate claim. If a parent fails to pay maintenance, enforcement is done through a court bailiff - komornik sądowy, and there are administrative and criminal sanctions for serious refusal to pay.
Prioritise safety. Contact police immediately for protection orders if there is imminent danger. Inform the family court and request urgent interim measures. Social services - Ośrodek Pomocy Społecznej or Powiatowe Centrum Pomocy Rodzinie - can provide support and alternative placements. Document threats, injuries and incidents to support your case.
Yes. Mediation is often encouraged and can be faster, less adversarial and focused on practical parenting arrangements. Family counselling and negotiated agreements recorded in a court settlement can be effective. However, mediation is not suitable where there is domestic violence or power imbalance that prevents fair negotiation.
- Family Court - Sąd Rejonowy w Hrubieszowie, Wydział Rodzinny i Nieletnich for filing petitions and obtaining court information.
- Local social services - Ośrodek Pomocy Społecznej or Powiatowe Centrum Pomocy Rodzinie in Hrubieszów for welfare assessments, family support and placement assistance.
- Free legal aid points - Punkty Nieodpłatnej Pomocy Prawnej - where eligible persons can obtain basic legal advice and help with document preparation.
- Local bar associations and legal chambers for referrals to experienced family law attorneys and mediators who work in the Lublin voivodeship and surrounding areas.
- Police and domestic violence support organisations for immediate protection and specialist help in crisis situations.
- Court-appointed guardians and kurator sądowy if the court orders supervision or assessment of a families circumstances.
- NGOs and victim support groups that provide counselling, shelter and practical assistance for families affected by violence or crisis.
1. Collect documents - birth certificate, school and medical records, any communication with the other parent, police or social services reports and witness statements that support your position.
2. Assess safety - if there is immediate danger to you or the child contact police and social services. Ask the court for emergency interim measures if needed.
3. Consider mediation - if safe and appropriate, mediation can produce a practical parenting plan faster than litigation.
4. Get legal advice - contact a local family law lawyer or the free legal aid point to understand your chances, procedural steps and likely evidence needs.
5. File a petition - if negotiation fails or urgent court decisions are required, prepare and file a custody petition at the family court. Your lawyer can handle drafting and representing you in hearings.
6. Prepare for hearings - organise witnesses, documents and any expert evaluations that the court may request. Be ready to explain how your proposed arrangement serves the childs best interest.
7. Follow court orders and enforcement options - comply with lawful orders and use enforcement mechanisms if the other party disobeys court decisions.
Remember - this guide provides general information only and does not replace personalised legal advice. For decisions affecting your childs welfare consult a qualified family law lawyer familiar with practice at the Sąd Rejonowy in Hrubieszów.
