- Tytuł:
-
Ewolucja stosunków prawnych między rodzicami a dziećmi w polskim prawie rodzinnym
The evolution of relationships between parents and children under Polish legal system - Autorzy:
- Kamińska, Katarzyna
- Powiązania:
- https://bibliotekanauki.pl/articles/2029527.pdf
- Data publikacji:
- 2021
- Wydawca:
- Ośrodek Badawczy Facta Ficta
- Tematy:
-
parental authority
parental equality
children’s rights
joint custody
divorce
separation
fathers’ rights - Opis:
- Katarzyna Kamińska in the paper The evolution of relationships between parents and children under Polish legal system provides some remarks on the child’s right to maintain personal relationships and direct contact with both parents and its protection in Polish family law. The Author discusses an outdated view of equality where the mother is to take the main responsibility for the children instead of both parents sharing the responsibility. The paper focuses on presenting the academic and practical issues connected with caring for children after parental separation. In a perspective of eradication of gender discrimination, the parental authority should be equally shared by two parents. The Author analyses the child’s right to both parents, among other things, in the Polish Constitution (1997), Polish Family and Guardianship Code (1964) and Convention on the Rights of the Child (1989), and also indicates an important role of a children’s ombudsman. It points to crucial role of the child welfare. Although under Polish law, there are no clear legal regulations concerning joint custody in Poland, there is no doubt that family courts in Poland may issue their decision allowing such solution. This institution has not been regulated expressis verbis in the Polish family law yet. However, current provisions do not preclude de lege lata such a manner of exercise of parental authority. Among the judgments where the exercise of parental authority was awarded to both parents, there is an increasing number of those, where joint physical custody over a child is adjudicated. In foreign legal systems, the rule is to maintain parental authority of both parents in divorce rulings. Exception is awarding the exercise of parental authority to one of the parents, restricting the parental authority of the second parent to specific rights and duties in relation to the child. This corresponds to stronger and stronger belief at the international forum that such an arrangement is the most appropriate for the best interest of the child.
- Źródło:
-
Facta Ficta. Journal of Theory, Narrative & Media; 2021, 8, 2; 205-220
2719-8278 - Pojawia się w:
- Facta Ficta. Journal of Theory, Narrative & Media
- Dostawca treści:
- Biblioteka Nauki
Artykuł