At what age can a child choose which parent to live with after a divorce in Poland?

21.12.2023

At what age can a child choose which parent to live with after a divorce in Poland?

The Polish Family and Guardianship Code contains a provision that the Polish court may hear the child. In hearing the child, the court will take into account:

– The age of the child
– The child’s emotional and health abilities
– The relationship of the child to each parent
– The relationship of the parents to the child
– The stability and quality of the relationship between the parents
– The ability of each parent to provide adequate care and support for the child

The court may also consult a psychologist or other experts to help decide which parent the child should live with.

However, it is not the young person’s choice that will be binding. It is the court in Poland that will determine whether who the child wants to live with will be best for the child. Not until the child becomes an adult, i.e. turns 18. Then he can already choose which parent he wants to live with on a daily basis.

The foundation for deciding any family case in Poland is the totality of the evidence gathered in the course of the proceedings, after assessing its credibility. Assessment in this regard is the exclusive competence of the adjudicating court. If the prerequisites for hearing the child are met, the court must assess whether a hearing in a given state of facts is necessary, or whether the omission of a hearing will take place without harming the clarification of the circumstances of a particular case. It is the court’s role to determine the purpose of the child’s hearing, and at the same time to assess what information can be provided in the course of the hearing, and as a further consequence, as to the relevance and essence of this information for a better picture of the facts and a comprehensive clarification of the case, while at the same time creating a greater guarantee of the most correct resolution of the case possible.

In conclusion, minor children in Poland cannot choose which parent they will stay with after divorce. The principle is that the court will decide this, with the best interests of the child in mind.