Due to the law on assistance to citizens of Ukraine in connection with the armed conflict on the territory of this country, which came into force by the government, temporary guardians will be set up for Ukrainian children, who are fleeing from the war and who arrived on the territory of Poland without their parents on February 24, 2022 and later.
Who can become a temporary guardian?
According to the law, a relative or other person who gives a guarantee of the proper performance of the duties of the guardian can become the temporary guardian of the young Ukranian citizen, moreover, it must be a citizen of Ukraine who crossed the Ukrainian-Polish border on February 24, 2022 and legally resides in the territory of Poland. In the case of the absence of previously meantioned people, the organizational body indicates the temporary guardian at the request of the court within 48 hours. The temporary guardian is authorised to represent the Ukrainian minor children and to look after his property. It should be remembered, that the temporary guardian should get the permission, which relate to all important matters that concern the person or property of the child in the guardianship court.
Who sets up the guardian of the child?
The court of Guardians having jurisdiction over the minor’s place of residence shall establish a temporary guardian.
The request to initiate the procedure must contain:
1) designation of the court to which it is addressed;
2) the name of the applicant, his address of residence or Registered office, telephone number or e-mail address;
3) the name of the child, his address of residence or stay;
4) the names of the parents and the family name of the child’s mother or information that they are not known;
5) sex of the child;
6) date and place of birth of the minor;
7) type, series and number of the document, which is the basis for crossing the border by a minor, if there is;
8) the name of the candidate for temporary guardian, his / her date of birth, address of residence and the series and number of the identity document or information on the absence of the candidate;
9) name and address of residence of the person having guardianship of the child, in case, the minor is not under the care of the candidate for temporary guardian;
10) the outline of the request.
The application may submit:
1) Border Guard;
2) the mayor, the president of the city, the Marshal of the Voivodeship;
3) procurator;
4) police;
5) heads of organizational bodies of social assistance;
6) representatives of international or non-governmental organizations engaged in providing assistance to foreigners;
7) the person, who has effective custody of the minor;
8) the person who has taken over the custody of the child after the minor’s entry into the territory of Poland and have it on the date of the application;
9) other people or entities within the framewortk of their tasks.
