New Supreme Court View on Enforcement of Child Contact Orders

Parental Responsibility When a Child Refuses to See the Other Parent

Many separated parents struggle with the enforcement of child contact. After a breakup, emotions often run high, and children sometimes refuse to meet the other parent. But what happens when a parent says, “I can’t force my child to go”?

In its recent resolution (Supreme Court, ref. III CZP 20/25), the judges provided a clear answer:

If the court has established contact rights, the parent with custody must actively ensure that contact takes place. It is not enough to “not interfere.”

Parental Responsibility for Failure to Comply with Child Contact Orders

The case before the Supreme Court involved a father who had court-ordered visits with his daughters. The mother, with whom the girls lived daily, explained that the visits were not happening because the children didn’t want to see their father. The District Court accepted that explanation and found her not responsible. However, the Supreme Court took a different view.

The Court ruled that a parent’s duty does not end with merely informing the child about a planned visit. The parent must actively support and prepare the child, create a calm atmosphere, and encourage the relationship with the other parent.

If the meeting does not happen, the parent responsible for care and custody may be held accountable — even if the child expressed reluctance. Why? Because very often, the child’s refusal results from the conflict between the parents rather than their own free will.

Consequences for Obstructing Child Contact

This ruling has major consequences for anyone facing problems with the enforcement of child contact. A court order for contact is not a formality — it is a binding obligation. If a parent obstructs or fails to carry out the contact order, they may face financial penalties.

The court may first issue a warning or threat of a fine, and if the situation doesn’t improve, it may impose the penalty. Saying “my child doesn’t want to, so I can’t do anything” is not a valid excuse.

The Child’s Right Comes First

The Supreme Court’s view strengthens the idea that contact with both parents is the child’s right, not just a privilege for the parents. Adults must do everything possible to ensure that this right is effectively exercised.

Need help enforcing child contact or facing difficulties in executing a court order?

Contact Attorney Katarzyna Lewicka-Krzysztowczyk, who provides legal assistance in family law and contact enforcement cases.

Phone: +48 502 775 164
Email: k.lewicka@lzw-law.com