NOTE: translated from Polish!
On 21 August 2025, the Provincial Administrative Court in Poznań issued a non-final judgment with reference number IV SA/Po 478/25, which refers to the legitimacy of the payment of childcare allowance to parents, especially in the context of alternating custody of a child. This judgment is of significant importance for families in which custody of the child is shared between both parents, which raises the question of how the concept of „shared custody” should be understood and how childcare benefits should be granted in such cases.
In the judgment in question, the Provincial Administrative Court in Poznań drew particular attention to the fact that the concept of „alternating custody” should be understood as a situation in which a child resides with both parents for an equal or almost equal part of the time. In such a case, both the mother and the father may have the right to apply for the childcare benefit, but with some reservations. The court emphasized that the decision to grant the benefit must depend on the actual provision of care, which means that the administrative authorities may make an individual assessment of the situation, taking into account documentation and evidence indicating the duration of actual care.
In the case of shared custody, one of the key issues is to determine which parent actually takes care of the child most of the time, because according to the law, the parent who has permanent or majority custody of the child is entitled to the childcare allowance. The court indicated that it is necessary for the parents to provide appropriate documentation confirming their involvement in the care of the child. This may include certificates from institutions such as schools, kindergartens, doctors, which indicate which of the parents the child has been with most of the time.
It follows that in a situation where the time of care is divided equally, it is possible that the childcare allowance will be granted to both parents, but in a proportionate amount. This means that if both parents have equal custody of the child, the childcare benefit may be divided between them, which in practice means the need to present appropriate evidence and certificates.
The judgment IV SA/Po 478/25 prompts reflection on the social realities of modern families, in which, after divorce or separation, parents decide to alternate custody of their children. On the one hand, such a situation is an expression of parents’ care for equal participation in the upbringing of the child, on the other hand, it is associated with the need to take into account administrative issues, such as the granting of childcare benefits.
The judgment IV SA/Po 478/25 emphasizes that in the case of shared custody, the granting of the childcare allowance should be dependent on the actual division of care between the parents, which requires the provision of appropriate evidence. At the same time, this judgment points to the need for precise legal regulations that will allow for a more flexible and fair approach to the granting of benefits in such cases. Contemporary family realities, characterized by frequent divorces and separations, require the legal system to keep pace with social changes, providing support to both parents and children.