The Council of Ministers adopted a bill amending the Family and Guardianship Code and certain other statutes. According to the information on the decision dated 3 November 2026, the bill submitted by the Minister of Justice introduces into Polish law the definition of shared parental care and changes the rules on adjudicating parental authority. The new regulations are intended to streamline court practice, increase protection of minors from domestic violence, and indicate decision-making criteria in cases of alternating care.

Definition and scope of application

The bill defines shared parental care as the alternating exercise of current care for a child by both parents after separation. The alternating periods need not be of equal length. The court is to consider this arrangement first, provided it is in the child's best interest.

Under the bill, the court will consider shared parental care both in divorce and legal separation cases, and in the case of parents living apart who are not married. In the proceedings, it must be thoroughly examined whether the proposed method of exercising care meets the child's needs and whether the parents are able to provide appropriate conditions.

Domestic violence as a barrier to shared parental care

When adjudicating parental authority, the court will be obliged to examine whether domestic violence occurred in the family. If it was used, the court will not retain parental authority with the parent who used violence. Such a situation will make shared parental care impossible, because this arrangement assumes the involvement of both parents in alternating care.

The bill also provides that the court deciding on parental authority and contact with the child must establish whether the child is safe and protected from domestic violence.

Child's residence

If the court does not rule on shared parental care, and both parents have parental authority, it will establish the child's residence at the current place of residence of one of the parents, rather than any place of residence. Under the bill, this is to prevent unilateral changes of residence that might limit the child's contact with the other parent.

Privacy and image of the child

The bill emphasizes parents' obligation to protect the child's privacy and image on the internet and in social media. This also applies to publishing photos, videos, and information about the child.

Entry into force

The new provisions are to enter into force six months after publication in the Journal of Laws.

Decisions

  • The Council of Ministers adopted the bill amending the Family and Guardianship Code and certain other statutes, submitted by the Minister of Justice; date of information: 03.11.2026; subject: introduction of the definition of shared parental care and changes in family law.