Shared Custody of Children – New Regulations and the Direction of Changes in Polish Law

Why Is Shared Custody Returning to the Public Debate?

For many years in Poland, children have unfortunately become bargaining chips in divorce disputes. During proceedings, parents often engage in battles over parental authority, and courts – instead of focusing on the best interests of the child – are frequently forced to resolve emotional conflicts between adults. This problem has also been recognised by family court judges, who have long been calling for a reform of the legal framework, including the abolition of fault-based divorce rulings. In their view, the current regulations not only prolong divorce proceedings but also deepen parental conflict.

The increasing number of divorce cases involving custody disputes highlights the need for comprehensive regulation of shared custody. In many other European countries, this model has been successfully in place for years, ensuring children maintain consistent contact with both parents.

New Court Powers – Towards Shared Custody

One of the biggest issues with the current system is the lengthy proceedings and psychological evaluations, which in practice can prevent one parent from seeing their child for months. This urgently needs to be addressed.

Proposed changes suggest that courts will be able to grant shared parental authority and establish that custody of the child is exercised alternately, in recurring but not necessarily equal time periods. This approach would allow parents to share parenting responsibilities and make joint decisions regarding the child’s upbringing.

Under the proposed legislation, the court – when ruling on shared custody – would be guided by the child’s best interests and would consider, in particular:

• the child’s opinion,
• the child’s age and health condition,
• the ability of the parents to communicate and cooperate,
• the distance between the parents’ residences,
• the previous division of parental responsibilities.

Such solutions have the potential to ensure greater equality in parental rights and responsibilities after separation. Statutory regulation of shared custody in the Family and Guardianship Code could finally end the legal uncertainty faced by parents and judges in practice.

What Is Truly in the Child’s Best Interest?

There is no one-size-fits-all custody model that works in every situation. Each family is unique – with different lifestyles, relationships, living arrangements, and levels of conflict between parents.

That is why it is crucial that the new regulations do not impose a single model. Shared custody can be beneficial, but only when both parents are capable of cooperation and effective communication concerning the child.

Family court judges emphasise that flexible legislation allows them to tailor judgments to the real-life circumstances of each family. Introducing pressure to make shared custody the “default” could paradoxically harm some children – especially in families with high conflict or when parents live far apart.

How Are Courts Ruling on Shared Custody Today?

Although shared custody does not yet have full statutory backing in Polish law, courts are increasingly applying it in practice.

For example, in some rulings, the court refrains from assigning the child’s residence to one parent and instead states that the child’s place of residence will correspond to the residence of the parent currently exercising custody, in accordance with an agreed schedule.

This solution is becoming more common – especially in cases where parents demonstrate maturity and a willingness to cooperate. It provides children with emotional stability and the sense that they have two equal caregivers, rather than a “better” and a “worse” parent.

Financial Matters in Shared Custody

In practice, many questions arise regarding child support and the costs of raising a child in a shared custody arrangement. Some courts rule that each parent should bear the child’s expenses during the time the child is in their care. Others may order symbolic child support payments or require the parents to maintain a joint account for the child’s needs.

The lack of uniform regulation means that parents often do not know what financial arrangements will apply after divorce. Therefore, introducing clear legal provisions on the financial aspects of shared custody would greatly assist both courts and the parties involved.

Will Legal Changes Solve All the Problems?

The answer is complex. New regulations may make life easier for many families, but they alone will not guarantee that every shared custody arrangement works well. The key factor remains the parents’ attitude – their emotional maturity, willingness to cooperate, and understanding that the child’s well-being must come before personal conflicts.

Experts point out that in addition to legislative changes, there is a need for education and support for divorced parents – such as family mediation, communication workshops, or psychological counselling. Only then can the shared custody model work effectively, as it already does in many Western European countries.

Summary – Towards Parental Equality and Child Stability

Shared custody is neither a trend nor an experiment, but a natural development in family law. Its primary goal is to ensure that the child retains a close relationship with both parents – even after their separation.

The planned amendments to the Family and Guardianship Code could help systematise current court practices, eliminate inconsistencies, and finally ensure that decisions regarding child custody are made more quickly and fairly.

???? Want to Learn More About Shared Custody?

If you’re going through a divorce or wondering how shared custody works in practice – contact us. Professional legal advice can help you avoid mistakes and protect what matters most – your child’s well-being.