MODIFICATION OF DIVORCE DECREE REGARDING PARENTAL AUTHORITY – IS IT EVEN POSSIBLE?

/in /by

Divorce is often a difficult and emotional experience, and its effects can impact many aspects of life, including parental authority. Sometimes, the post-divorce situation changes to the extent that it becomes necessary to modify earlier arrangements, including those concerning parental authority over a minor. Many of our clients wonder if such a change is even possible. Let us dispel any doubts from the outset by stating that it is indeed possible to file a motion with the court for a modification of the divorce decree.

In this post, we will explain how the process of modifying a divorce decree regarding parental authority works.

 

Legal Basis

The modification of a divorce decree regarding parental authority is possible due to the provisions contained in the Family and Guardianship Code (KRiO) and the Civil Procedure Code (KPC). According to Article 106 of the KRiO, the court may change the ruling on parental authority if the circumstances that were the basis for the original ruling have changed. Article 577 of the KPC indicates that the guardianship court may change its ruling, even if it is final, if the welfare of the person concerned requires it.

Grounds for Modifying a Divorce Decree Regarding Parental Authority

The modification of a divorce decree regarding parental authority is possible when new circumstances arise that justify the need to change previous arrangements. In such a situation, the court primarily considers the best interests of the child. Factors that may influence the change of a ruling include:

Change in the material or personal situation of the parent (e.g., loss of employment by one of the parents, change of job requiring relocation abroad, illness of a parent);

Neglect of parental duties or abuse of parental authority (e.g., lack of contact with the minor; failure to provide appropriate upbringing conditions; neglecting the minor);

Emergence of new circumstances (e.g., violence against the minor; addictions).

The Process of Modifying a Divorce Decree

The modification of a divorce decree regarding parental authority is a complex process that requires a thorough analysis of the situation and the presentation of solid evidence before the court. The process is divided into three basic stages, each of which proceeds according to the circumstances of the case:

Filing a Motion

To change the ruling on parental authority, an appropriate motion must be filed with the district court having jurisdiction over the child’s place of residence. The motion should include justification and evidence confirming the new circumstances.

Court Hearing

The court conducts a hearing during which witnesses, experts, and the parents themselves may be heard. The key factor considered by the court is the best interests of the child.

Court Ruling

After considering the case, the court may modify the previous ruling on parental authority if it deems it necessary for the child’s welfare.

 

To conclude, it should be noted that the modification of a divorce decree regarding parental authority is possible when new, significant circumstances affecting the child’s welfare arise. Each situation is assessed individually, with the paramount criterion being the provision of the best conditions for the child’s development and upbringing.

If you have any questions or doubts, as well as if you would like to cooperate with us, we invite you to contact our attorney Katarzyna, who will be happy to answer your questions and help you throughout the procedure.

Phone: +48 502 775 164

Email: k.lewicka@lzw-law.com