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Dęmski Mirosław, adwokat
Augustów, Poland

Founded in 2010
1 person in their team
English
Dęmski Mirosław, adwokat is a solo law practice in Augustów led by attorney Mirosław Dęmski. The practice assists individual clients and businesses in civil, family, criminal, and administrative matters, with work involving property, inheritance, and compensation claims.Its services include...
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What an Augustów parental agreement should cover

In Poland, parents commonly agree how to exercise parental responsibility and arrange the child’s contact with each parent. The agreement is often called a parental plan, but it is not a separate court order merely because both parents sign it.

For an Augustów family, a workable plan can set out weekly care, school-day handovers, holidays, communication, medical decisions, and how parents will share information. It should account for actual travel times if a parent lives outside Augustów, including in Suwałki or Białystok.

Parents may ask the court to take their agreement into account. In divorce proceedings, the court considers whether the arrangements protect the child’s welfare. Where parents cannot agree, the court can decide parental responsibility and contact under Polish family law.

Cases concerning parental responsibility or contact may be heard by the District Court in Augustów when it has jurisdiction. Divorce cases are heard by a regional court, and the proper court depends on the statutory venue rules.

When a lawyer can help with a parental plan

  • You are separating in Augustów and disagree about the child’s main home, weekly schedule, or handovers.

  • One parent is moving from Augustów, or already lives in another town, and the proposed schedule must account for school, travel, and holiday time.

  • You are divorcing and need to present an agreement on parental responsibility and contact for the court to assess.

  • Communication has broken down over school choices, medical care, or sharing important information about the child.

  • A parent is not following an existing court order, and you need advice on enforcement or changing the arrangements.

  • Your circumstances have materially changed, such as a new work schedule or the child starting school, and the current agreement no longer works.

A lawyer can explain whether a negotiated agreement, mediation, or a court application best fits the dispute. Legal representation is not generally required in family court, but advice can help clarify the evidence and the order to request.

Polish laws that govern parental arrangements

The Family and Guardianship Code (Kodeks rodzinny i opiekuńczy), an Act of 25 February 1964 in force from 1 January 1965, governs parental responsibility, child contact, and the court’s focus on the child’s welfare. Its provisions apply in Augustów as elsewhere in Poland.

The Code of Civil Procedure (Kodeks postępowania cywilnego), an Act of 17 November 1964 in force from 1 January 1965, sets the procedure for family cases, including jurisdiction and court proceedings. The competent court depends on the type of case and the applicable venue rules.

The Act on Court Costs in Civil Cases (Ustawa o kosztach sądowych w sprawach cywilnych), dated 28 July 2005 and in force from 2 March 2006, governs court fees and possible fee exemptions. The amount depends on the application and proceeding, so check the current fee before filing.

Frequently asked questions

Is a parental plan a specific Polish legal document?

No single statutory document called a “parenting plan” creates enforceable arrangements simply by being signed. Parents can make a written agreement, but a court order or court-approved settlement may be needed when formal legal effect or enforcement is important.

What should the agreement include?

It can cover the child’s schedule, handovers, holidays, phone or online contact, and how parents share school and medical information. Clear arrangements for changes and notice can reduce later disputes.

Do both parents have to agree?

No. Parents can negotiate or try mediation, but either may ask the court to decide disputed arrangements. The court bases its decision on the child’s welfare, not simply on which parent filed first.

Which court handles a non-divorce case in Augustów?

A local family matter may be heard by the District Court in Augustów if it has jurisdiction. The child’s place of residence is generally important, but the correct venue can depend on the type and circumstances of the proceedings.

Which court deals with arrangements during a divorce?

A divorce is heard by a regional court with jurisdiction under the procedural rules. The divorce court also addresses parental responsibility and contact for the child, taking account of the parents’ agreement if it serves the child’s welfare.

Can unmarried parents make an agreement?

Yes. Parents do not need to be married to agree on arrangements for their child. If they cannot agree, they can seek a family court decision on parental responsibility or contact.

Can one parent move away with the child?

A move can affect the child’s residence, contact schedule, and important decisions. Whether consent or a court decision is required depends on the parents’ legal arrangements and the circumstances, so obtain advice before making a move that affects the other parent’s contact.

How much does a lawyer or court application cost?

Lawyer fees are agreed with the lawyer and vary with the work involved. Court fees depend on the type of application, and a person who cannot afford them may be able to apply for exemption under the applicable rules.

How long does it take to agree or obtain a court decision?

A written agreement may be reached quickly if both parents cooperate. A contested court case can take longer, depending on the evidence, hearing schedule, and whether specialist opinions are needed; the court registry can provide information about local procedure.

Can we use mediation in Augustów?

Parents can choose mediation to work through disagreements about the child’s arrangements. Mediation is voluntary, and any resulting agreement should be reviewed for clarity and the child’s welfare before it is submitted to a court.

Can an existing arrangement be changed?

Parents can agree to updated arrangements, but an informal change may not replace an existing court order. If agreement is not possible, a parent can ask the court to change the arrangements where circumstances justify it.

Official resources in and around Augustów

  • District Court in Augustów (Sąd Rejonowy w Augustowie): provides information about local court proceedings and handles cases within its jurisdiction, including family matters.

  • District Court in Suwałki (Sąd Okręgowy w Suwałkach): a regional court that hears divorce cases within its jurisdiction and provides information about its proceedings.

  • Augustów County (Powiat Augustowski): provides information about locally available free legal assistance and advice, subject to eligibility and appointment arrangements.

Steps to find and hire a lawyer

  1. Write down the issue and your goal. Note the child’s current routine, the disputed arrangements, and any existing agreement or court order. This should take about a day.

  2. Gather key documents. Collect relevant court papers, messages about arrangements, school or medical schedules, and a practical record of handovers. Keep copies ready before contacting lawyers.

  3. Identify lawyers handling Polish family cases. Ask whether they advise on parental responsibility, child contact, mediation, and family court applications in the Augustów area. Contact several within a few days if possible.

  4. Ask about approach, fees, and timing. Confirm what the initial consultation costs, how fees are calculated, what work is included, and whether the lawyer recommends negotiation, mediation, or a court application.

  5. Compare advice and check the engagement terms. Choose a lawyer who explains the relevant options and risks clearly. Read the written fee and representation agreement before signing.

  6. Agree the first action plan. Set a deadline for proposing arrangements, booking mediation, or preparing court papers. If a hearing or existing order is imminent, tell the lawyer promptly so deadlines can be checked.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

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