- If one of the parties does not respect the contact settlement, the court may threaten to order payment of a designated sum of money,
- If, despite the threat of the court, there is still a violation of the contact order, the court will order the payment of a designated sum of money,
- Proceedings are initiated at the request of a party, and a final court decision constitutes an enforceable title without an enforcement clause.
The issuance of a court order resolving our right to contact with the child is sometimes only „half the battle”. This is because it often happens that the court's decision is not respected by the other parent, and our meetings with the child do not take place, or are significantly impeded. However, the legislator has also provided for such an eventuality - a parent who does not comply with the ruling on contact can be disciplined accordingly.
Thus, according to the regulations, if there is a reasonable fear of violation of the obligations under the contact order by the person under whose custody the child remains, or the person entitled to contact with the child, or the person who has been forbidden such contact, the guardianship court may threaten to order payment of a specified sum of money. In the case of non-performance or improper performance of obligations arising from a judgment or from a settlement concluded before a court or before a mediator on the subject of contact with the child by the person in whose custody the child remains, the guardianship court, taking into account the financial situation of that person, shall threaten to order him to pay to the person entitled to contact with the child a specified sum of money for each violation of the obligation. If the violation of the obligation is committed by the person entitled to contact with the child, or the one forbidden to have contact, the „admonition” referred to above will also affect him.
If violations of the obligations to regulate contacts continue, despite the „admonition” of the court, the court orders the payment of a sum of money, the amount of which is determined according to the number of violations. A final court order on this subject is an enforceable title without an enforcement clause, which makes it much easier and faster to refer the case to a bailiff.
The court, after hearing each of the parties, may also order the undisciplined parent to reimburse the other party for reasonable expenses incurred by him or her in „preparing for contact” if such contact did not occur due to the failure to perform or improper performance of obligations under the judgment or the settlement reached before the court or before a mediator regarding contact with the child. This refers, for example, to situations in which one of the parents lives in another locality and, hoping to meet the child, incurred certain expenses. Then such documented expenses can be reimbursed to him by the other parent.
These rules apply mutatis mutandis if it is the parent entitled to contact with the child who violates the contact obligations arising from the judgment or from a settlement reached before a court or before a mediator. As in the case of the order for payment of a sum of money referred to in the preceding paragraph, a final court order on this subject is an enforceable title without the need for an enforcement clause.
In order to ensure that contact with the child will be exercised in the future, the court may also oblige the person entitled to contact with the child or the person under whose custody the child remains to pay the costs of travel and stay of the child or also of the person accompanying the child, including the costs of return to the place of permanent residence.
Finally, the court also has the power to collect from the person entitled to contact with the child or the person in whose custody the child remains, a promise of specific behavior.
Each of the above proceedings is initiated at the request of a party. Again, it is worth considering the use of a professional attorney who will prepare the necessary documents and represent us before the court.
