Parent – a foreigner in front of a Polish court
What are the rights of a foreigner who is the mother or father of a child born in Poland? First of all, in Poland, so-called the law of blood, which means that a child born from a Polish citizen’s relationship with a foreigner may obtain Polish citizenship, but provided that both parents are staying in our country and the foreign parent agrees to apply for Polish citizenship. The child of foreigners born in Poland will not receive Polish citizenship, although his parents may apply for permanent residence for him. What are the consequences of granting Polish citizenship? The most important of them is the subject to the jurisdiction of Polish courts, that is, in relation to a minor child, the Polish Family and Guardianship Code will apply. It is only when he turns 16 that he independently applies to the President of the Republic of Poland for granting Polish citizenship, if he really wants to get one.
Everything is fine until the parents’ relationship lasts and they live in Poland. However, in the event of a divorce, the question arises as to who will look after the child and what rights the foreign parent has in the situation of Polish descendent citizenship. This is important, because in recent years the courts have been applying for the so-called alternating care, specifying the duration of the child’s stay with both parents. What happens, however, when one of the parents wants to go to their home country? Half of poverty if it is a country belonging to the European Union, because then you can count on cooperation of the justice system, although even then it does not happen without conflicts. It is usually the case that Polish courts decide to leave a child with a Polish parent who lives in Poland. The court may entrust the exercise of parental authority to one of the parents, limiting the second parent’s authority to certain duties and rights in relation to the child’s person, if the child’s good speaks for it, which means that if the parent comes from an unstable country covered by conflict, Polish law allows the loss of his entire parental authority, though not the obligation to pay for the child. However, the loss or limitation of parental authority means no impact on the child’s education and, in the case of illness, on the choice of treatment. This does not mean, however, that the parent of a foreigner is deprived of contacts with the child. It can best keep them, unless the court decides that the child’s good is at risk.
In practice, a foreigner who decides to leave Poland and whose child is a Polish citizen does not have too many opportunities in front of the Polish justice system, unless the child is actually more connected with him and can already express the wish that the foreigner would exercise him care. And here is the area for development in a situation where a foreigner can provide similar care to a child and does not go to a conflict-affected country. However, this involves sometimes years of struggle for a child in the courts, which may perceive the good of the child, which is the main rule in resolving disputes between parents. However, if a foreigner demonstrates that he or she best cares for and thinks about the real good of a child, the Polish courts may accept his arguments.