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Publication date: 21.11.2024
How to protect the rights of a child in a divorce in Poland
Divorce of parents in a foreign country is a complex process that requires special attention to the protection of children's rights. The service of legal analysis of a situation will help ensure the best interests of your child in a Polish court. From our practice, we know of a case where a Ukrainian mother risked losing the opportunity to communicate with her child due to improperly executed documents during the divorce. Many of our clients face similar problems due to lack of knowledge of local legislation and lack of professional support. For example, a family from Kharkiv lost almost a year in court proceedings due to incorrect translation of documents and lack of legalization of Ukrainian certificates. Another case concerned a father of two who, due to the lack of a written custody agreement, could not take his children on vacation to Ukraine.
Key rights of a child in a divorce
The service of legal analysis of a situation will allow you to determine all aspects of protecting your child's rights. Recently, we helped a father maintain regular contact with his children despite the opposition of his ex-wife, who tried to limit contact due to the father's new marriage. Another case concerned a mother of three children who could lose custody due to the lack of official employment in Poland. The legal opinion service helped to prove her ability to provide for the children's needs, including education and medical care.
Fundamental rights of the child:
- The right to communicate with both parents and relatives
- The right to adequate material support
- The right to express their opinion on the place of residence
- The right to preserve citizenship and cultural identity
- The right to education in the mother tongue and development
- The right to maintain family ties
- The right to defend one's interests in court
- The right to preserve the usual way of life
- The right to quality medical care
- The right to rest and extracurricular activities
- The right to psychological support
- The right to a safe environment
Strategy for the protection of children's rights
The service of a lawyer in Poland allows you to develop an effective strategy for protecting the rights of the child, taking into account all the circumstances of the case. Our experience shows that a properly chosen strategy can cut the time of the case consideration in half and save significant money. For example, thanks to our professional approach, we managed to help a mother of two children avoid their forced return to Ukraine by proving the existence of risks to their safety.
Key elements of the strategy:
- Comprehensive assessment of the situation and risks
- Collection and preparation of evidence base
- Development of a detailed care plan
- Coordinating the schedule of meetings and holidays
- Planning the educational process
- Organization of psychological support
- Creating a safe environment
- Coordination with educational institutions
- Interaction with social services
- Preparation of an emergency action plan
Court proceedings
The service of a lawyer's consultation will help you prepare for the court process and avoid common mistakes. Practice shows that most parents do not know their procedural rights and obligations. Recently, we represented a father who risked losing the opportunity to communicate with his children due to ignorance of the procedure for filing an application for interim measures.
Question
What documents are required to protect the rights of a child in a Polish court during a divorce?
Answer
To protect the rights of a child in a Polish court in a divorce, the following documents are required: a birth certificate with an apostille and a sworn translation, citizenship documents, certificates of residence and study, medical records, income documents of both parents, school records, a child custody plan, evidence of the possibility of providing appropriate living conditions, psychological reports, if available, as well as other documents confirming the stability and safety of the child's environment.
Common mistakes in divorce
The legal opinion service will help you avoid critical mistakes that can negatively affect the outcome of the case. In our practice, parents often make mistakes due to their emotional state and desire to take revenge on their former partner.
Common mistakes:
Unauthorized change of the child's place of residence
Restriction of communication with the other parent
Manipulating the child's opinion
Concealment of income and property
Ignoring court summonses
Violation of previous agreements
Refusal to engage in mediation and dialog
Aggressive behavior in court
Failure to appear at court hearings
Public criticism of the other parent
Using children as intermediaries
Unfounded accusations
Financial aspects of maintenance
The service of a lawyer in Warsaw will help to resolve financial issues of child support. According to our statistics, about 70% of divorce cases are accompanied by disputes over the amount of alimony and the procedure for its payment.
Important financial issues:
- Calculation of the fair amount of alimony
- Determination of additional education costs
- Establishing the procedure for payment for medical services
- Distribution of costs for extracurricular activities
- Planning summer vacation
- Creating a financial reserve for unforeseen expenses
- Control of the targeted use of funds
- Mechanism of indexation of payments
- Procedure for debt reimbursement
- Ensuring transparency of expenses
International aspects of divorce
The online lawyer service is especially relevant in cases where one of the parents lives in another country. Thanks to the online lawyer service, we successfully resolve issues of cross-border communication and the movement of children.
International peculiarities:
- Determination of permanent residence
- Organization of regular international visits
- Preparation of documents for traveling
- Coordinating vacation and holiday schedules
- Providing regular video communication
- Protection from illegal exportation
- Solving language and cultural issues
- Organization of education in two countries
- Coordinating medical care
- Providing financial transfers
Psychological support for the family
The written consultation service includes recommendations for psychological adaptation of all family members. The verification of documents by a lawyer by a lawyer is always accompanied by advice on minimizing the emotional impact of divorce on children.
Areas of psychological work:
- Professional support for children of all ages
- Assistance in adaptation to change
- Establishing a constructive dialog
- Overcoming stress and anxiety
- Working with feelings of guilt
- Restoring trust between family members
- Building a new system of relationships
- Prevention of emotional disorders
- Support in crisis situations
- Support when changing school or place of residence
Protecting the rights of a child in a divorce in Poland is a complex process that requires a professional approach and a deep understanding of both legal and psychological aspects. The service of document analysis and the service of legal analysis through the legal marketplace CONSULTANT will ensure comprehensive protection of your child's interests. Neglecting legal consultation can lead to catastrophic consequences: loss of child custody, restriction of communication, problems with traveling abroad, significant financial losses and long-term psychological trauma. Entrust the protection of your child's rights to professionals who have successful experience in resolving international family disputes in Polish courts and will be able to ensure the best interests of your child during this difficult period.
