Under Polish law, as a rule, the representatives of a minor child are their parents.
However, there are situations when the law excludes the possibility of representing a child by parents. Parents cannot represent a child in legal actions between children remaining under their parental authority and in legal actions between a child and one of the parents or their spouse, unless the legal action consists of a gratuitous gain for the child or concerns the means of maintenance and upbringing due to the child from the other parent. This prohibition of representation applies not only to civil proceedings, but also criminal or administrative proceedings.
In such situations, due to the potential conflict of interests of the child with his parents or siblings, the child must be represented by the so-called child’s representative. The child’s representative is a new concept under Polish family law, because the regulations creating this institution came into force at the end of August 2024. However, it plays a similar role to a curator representing a child (i.e. to the institution it „replaced”).
The child’s representative may be an attorney or legal adviser who demonstrates special knowledge of matters concerning the child, of the same type or corresponding in type to the case in which the child’s representation is required, or has completed training on the principles of child representation, rights or needs of the child.
If the degree of complexity of the case does not require it, in particular when the guardianship court specifies the detailed content of the activities, the child’s representative may also be another person with a higher legal education and demonstrating knowledge of the child’s needs. If special circumstances justify it, even a person without a higher legal education may be appointed as the child’s representative.
The child’s representative in proceedings before a court or other state body shall provide the parents of a child who does not participate in the proceedings, at their request, with information necessary for the proper exercise of parental authority concerning the course of the proceedings and the activities undertaken during them, if the child’s best interests do not prevent this.
If the child’s development allows it, the child’s representative shall establish contact with the child and inform them about the proceedings and the consequences of the actions taken by them.
The guardianship court supervises the activities of the child’s representative, familiarizing itself with their activities on an ongoing basis. The child’s representative submits information regarding their activities to the guardianship court at specified dates, no less than every four months.
The guardianship court considers the application for the appointment of a child’s representative without delay, no later than within 7 days from the date of receipt of the application.
The performance of the role of a child’s representative is subject to payment. The amount of remuneration is decided by the court or the body before which the child is represented, applying the relevant general provisions.