Translated: Under what circumstances can a parent legally take a child to another country without the other parent's consent?
The essence of parental authority results in the principle of its joint, two-person exercise by both parents. This principle is expressed in Art. 97 § 2 of the Polish Family and Guardianship Code, which states that in matters important to the child, the parents decide jointly, and in the absence of agreement between them, the guardianship court decides. Only in matters that are less important for the child, each parent makes decisions independently, without the need to consult and obtain approval from the other parent. In their case law, Polish courts have classified a child's trip abroad, both for permanent and temporary residence, and even for the purpose of spending holidays, as important legal matters.
In the light of art. 97 § 2, one of the parents may take the child abroad without the consent of the other parent, only if the other parent:
a) Has been deprived of parental authority over the child pursuant to a decision of a Polish court;
b) The parental authority of the other parent was suspended by order of a Polish court;
c) Has legally limited parental authority over the child (Article 109);
d) The rights and obligations of parents towards the child may change as a result of a judgment issued in a divorce case, a marriage annulment case (Article 58 § 1 in connection with Art. 21) and a separation case (Article 61(3) § 1).
e) The consent of the other parent will not be needed if he or she is deprived of the right to co-decide on the change of the child's place of residence based on a judgment of a foreign court recognized in Poland.
