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Legal guardianship

Upon the request of the Border Guard, a legal guardian is appointed by a custodial court to represent a separated child in a procedure for granting the refugee status. In a situation when a person appeared to be a separated child during a procedure, the Head of Office for Foreigners shall also apply to a court to appoint a legal guardian.

A particular phenomenon became apparent after collecting information about the process of entering by separated children from . Many of these children crossed the Polish border accompanied by an adult who presents a letter of attorney from the minor’s parents. Frequently, after arriving at the reception center this guardian - appointed by the child’s parents – disappears. The disappearance of the guardian influences the minor’s legal situation and complicates legal proceedings. Specifically, when the child crosses the border with the accompanying adult, the Border Guard fills a request to the custodial court to appoint the adult as the legal guardian.  If the appointed legal guardian becomes unavailable, a new legal guardian has to be appointed.

With regard to separated children in irregular situation, a legal guardian is appointed upon a request of the detaining institution in order to represent a child in the expulsion procedure.

A position of a legal guardian is voluntary and unpaid. The custodian court manages a list of persons who can be appointed as legal guardians. In addition, every adult person is entitled to apply to become a legal guardian. Often law students who volunteer at Law Clinics become legal guardians representing separated children in the asylum procedure. For expulsion procedures, Border Guard officers frequently apply to be appointed as legal guardians. As noted above, a legal guardian role is limited to represent a separated minor at particular administrative proceedings, such as an asylum procedure or an expulsion procedure (guardian ad litem). A legal guardian appointed to represent a child in an asylum or expulsion procedure cannot represent a child in any other administrative procedure. 

Since the role of the legal guardian is limited to representing a child in administrative proceedings, everyday care shall be provided to a minor by an educator from a care center.