Blog
Attorney Milena Nowicka
What does the limitation of parental authority involve?
When can parental authority be limited?
Reasons for limiting the mother’s parental authority
Reasons for limiting the father’s parental authority
Ways of limiting parental authority – ex officio and upon application
Limitation of parental authority ex officio
Application for limitation of parental authority
Limitation of parental authority – how to defend yourself?
Limitation of parental authority of both parents
Limitation of parental authority through supervision by a court-appointed guardian
Limitation of parental authority to joint decision-making
Limitation of parental authority to obtaining information
Restoration of parental authority after limitation
Limitation of parental authority – summary
Although, as a rule, parents are equally involved in raising and caring for a child, sometimes this is not the best solution. It may happen that the behavior of the other parent poses a threat to the welfare of the minor. In such a situation, you may apply for the limitation of parental authority.
To explain what the limitation of parental authority involves, it is first necessary to clarify what is meant by the very concept of “parental authority.”
It is nothing more than your right to exercise custody over the child and the child’s property. As part of exercising parental authority, you can therefore decide, among other things, where your child lives, which school they attend, and what extracurricular activities they participate in.
This means that the limitation of parental authority consists in depriving you, the other parent, or both of you of full freedom in exercising custody over the child. This may take place, for example, by appointing a court-appointed guardian or by depriving a parent of the right to decide on important matters concerning the child.
However, the scope of the limitations and the areas they concern depend on the specific situation. The decisive factor is always the welfare of the child. Therefore, you can be sure that the limitation of parental authority is never intended as a “punishment” for you or the other parent and will last only as long as required by the best interests of the minor.
The court will decide to limit parental authority if it finds that one of you or both of you have difficulties exercising parental rights. Parental authority may be limited due to:
It is difficult to make a clear distinction between reasons for limiting parental authority that apply only to the mother or only to the father. In reality, gender is of little importance. The court always takes into account the welfare of the child and whether the parent is capable of properly exercising custody over the minor.
Thus, parental authority may be limited, for example, due to a lack of interest in the child and failure to maintain contact with them, or due to a severe conflict between you and the other parent.
From the previous paragraph, you already know that it does not matter whether the limitation of parental authority concerns the father or the mother—the reasons for such a decision may be the same. After all, it is difficult to assume that limiting parental authority, for example due to violence against the child, applies only to fathers.
It is worth adding, however, that the court’s decision does not affect contact with the child in any way. The father will still have the right, and even the obligation, to maintain a relationship with the minor.
Limitation of parental authority may proceed in two ways – ex officio or upon application.
In the case of an ex officio limitation of parental authority, the court initiates the proceedings on its own. It will do so if it receives information that the welfare of the child may be at risk. The court then has an obligation to investigate the matter and take specific steps. It has a number of measures at its disposal to limit parental authority, such as, among others:
However, the court will always adjust its decision and the measures applied to the parents’ attitude and the current situation.
Much more often, the limitation of parental authority takes place upon application. Such an application may be submitted not only by a parent but by anyone who knows that the child’s welfare is at risk. In practice, therefore, proceedings are sometimes initiated by grandparents, a probation officer, social welfare services, or an educational institution.
Of course, for the application to be considered at all, all formal requirements must be met—for example, the document must be properly titled and must include the details of the court and the participants in the proceedings.
The next step is to ensure that the application includes a description of your request (in this case, the limitation of parental authority). You must also justify your position by indicating specific evidence to support your claims. This may include certificates, photographs, and witness testimonies.
If your application meets the formal requirements, the court will schedule a hearing. It will then conduct evidentiary proceedings and determine whether the child’s welfare is indeed at risk. The duration of such a case will depend, among other things, on its complexity, the court’s workload, and the number of pieces of evidence.
It is also worth noting that an application for the limitation of parental authority may be submitted within other ongoing proceedings—for example, in a divorce petition or in proceedings to establish paternity.
If the other parent or any other person attempts to limit your parental authority, you may, of course, defend yourself against it. Your task will be to prove that such a decision is unfounded.
As always, the decisive factor will be the welfare of the child. This means that the arguments and evidence you present should demonstrate that it is in the best interests of your son or daughter for you to retain full parental authority.
The specific evidence to be presented depends on the individual case and, above all, on the reason for which your parental authority is to be limited. Commonly presented evidence includes witness testimony, recordings, photographs, expert opinions, and medical certificates.
Remember also that you increase your chances of retaining full parental authority by showing that the reason stated in the application has ceased to exist. You can do this, for example, by cooperating with the other parent, undergoing treatment, or attending psychotherapy—again, depending on the specific circumstances.
The court may also limit parental authority not only of one parent but of both of you. As always, the main criterion will be the welfare of the child. If, in the opinion of the family court, limiting parental authority over the minor best serves this purpose, it will issue an appropriate order.
It may decide in particular to refer the parents to a facility providing family therapy or deprive them of the ability to decide on specific matters concerning their child—for example, those related to medical treatment. It also happens that the court appoints a guardian or places the child in a foster family.
One of the ways of limiting parental authority is the appointment of supervision by a court-appointed guardian. The guardian oversees the welfare of the child and provides support to parents who have so far been unable to cope with parenting.
Contrary to common stereotypes, the appointment of a guardian does not have to concern only families affected by alcohol addiction or violence. Supervision by a guardian may also be necessary when parents are unable to ensure that the child fulfills compulsory education or do not consent to a medical procedure that may save the child’s life.
A guardian appointed by the court will cooperate with the family and ensure the achievement of care, educational, and rehabilitative goals. The guardian is also to help the minor organize learning, work, free time, and resolve life difficulties. They will regularly submit reports to the court on the results of such supervision. As in other cases, this form of limitation of parental authority will last only as long as it proves necessary.
Limitation of parental authority to joint decision-making most often occurs in divorce cases. The court then entrusts the exercise of parental authority to one of you, limiting the authority of the other to the ability to make important decisions concerning the child.
This means that the parent whose parental authority has been limited will still have a say in, for example, a change of residence, the child’s trip abroad, the choice of school, or the method of medical treatment.
In this respect, the court may either specify in detail what it means by the concept of “important matters of the child,” or it may merely state that the other parent has the right to make decisions in matters of fundamental importance. From a practical point of view, however, it is better when the scope of joint decision-making is specified in detail. This avoids doubts as to which decisions fall into this category and which do not require the consent of the other parent.
Limitation of parental authority may go even further—when the court finds that one of the parents should not even decide on important matters concerning the child.
In such a case, the parent’s right is limited solely to obtaining information. They may, for example, find out about the child’s progress at school but no longer have the right to co-decide on changing schools or enrolling the minor in extracurricular activities.
Limitation of parental authority is not irreversible. This means that you may regain the full scope of your rights. To do so, however, you must prepare an appropriate application.
Remember that the court will accept your position only if it finds that the welfare of the minor is no longer at risk. Therefore, it is crucial that the application includes appropriate evidence. For example, if the limitation was imposed due to your illness, it is worth presenting a medical certificate confirming your current state of health.
If you properly submit the application, the court will conduct proceedings. It will then determine whether restoring parental authority will be beneficial for the minor. It will also check whether the reason you indicated has indeed ceased to exist and whether any other reason has arisen that would justify continuing the limitation of your rights in relation to the child. Only when it finds no obstacles will it issue a decision restoring your full parental authority.
Limitation of parental authority is not a punishment for parents but merely a means of safeguarding the welfare of the child. This means that the court will not resort to excessively drastic measures and will always adapt them to the specific situation. For this reason, in cases concerning the limitation of parental authority, much depends on the arguments you present—both when you seek to limit the parental authority of the other parent and when you aim to prevent the court from issuing such a decision with respect to you.
