Divorce is not the end of parenting. On the contrary, it is simply a minute erstwhile parental work gains a fresh dimension. In the Polish legal order, the provisions of the household and Care Code are crucial, which regulate not only matters of parental authority, but besides contacts with the child, maintenance obligations and cooperation between parents after the breakup. This article provides a applicable guide to current government and case law, which will aid to realize the rights and obligations that parents have after divorce.
Parental power after divorce – what does the law say?
According to Article 58(1) of the Code of household and Care (KRiO), the divorce court has a work to decide on how to exercise parental power over a common insignificant child. In practice, both parents proceed to have power, but the court may:
- limit the power of 1 of them,
- entrust it to 1 of the parents while limiting the another to circumstantial duties and rights (e.g. co-decision on education or treatment of the child).
The basis for specified a decision may be written educational agreement parents – if the court considers it to be in accordance with the child's welfare.
The ultimate Court case law underlines that:
"The welfare of the kid is the primary rule in deciding on parental power, even if 1 parent seeks to deprive the another organization of it fully" (SN judgement of 22 November 1999, I CKN 675/97).
The right to contact a kid is granted to each parent
No substance who the court entrusts parental authority to, right to contact the child has each of the parents – this is clear from Article 113(1) KRIO. Contacts include:
- personal meetings,
- telephone calls,
- exchange of correspondence,
- communication via net communicators.
Contacts are independent rights and obligations which should not be restricted by the another parent. The exception is erstwhile specified contacts conflict with the child’s welfare.
In the event of a conflict between parents regarding the way in which they are contacted, the household court shall set a schedule. The court may besides introduce protective measures, specified as a ban on taking the kid out of residence or probationary supervision.
Alimony – work to supply financial support to the child
According to Article 133(1) KRIO, parents are obliged to lay on the support of a kid who is not yet able to support themselves. Aliments include:
- food costs,
- education,
- treatment
- additional activities and the improvement of passion.
Alimony shall be determined by the court, taking into account both the legitimate needs of the childand income and property opportunities of parents (Article 135(1) KRIO).
Importantly, the maintenance work does not automatically expire after the kid reaches adulthood. The case law of the courts confirms that it may continue, e.g. until graduation if the kid continues to survey and is incapable to sustain himself.
Protection of the child's welfare as an overarching principle
According to Article 58 § 1a KRIO, the divorce court primarily takes account of the child's welfare. In practice, this means an assessment of:
- the parents’ engagement to date,
- the ability to rise a child,
- the surviving and emotional conditions that each parent can provide.
If 1 parent is abusive, neglecting the kid or otherwise endangering the child, the court may:
- limit contacts,
- establish supervision of the probation officer,
- or even suspend or deprive him of parental power.
The European Court of Human Rights emphasises in its case law (e.g. the case Kutzer v. Germany, complaint No 46544/99), that interference in household life must be proportionate and service exclusively the protection of the child's welfare.
Co-decision – parenting after divorce requires cooperation
Divorce doesn't end in common parental duties. Article 97(1) KRIO provides that parents should jointly decide on the crucial matters of the child, including:
- school selection,
- treatment and healthcare,
- foreign trips.
In the event of disagreement, any parent may ask the household court to settle the dispute.
Summary: Liability does not end with divorce
Divorce changes household structure, but hates parental responsibilities. In the light of existing government and case law, each kid shall have the right to:
- the presence and support of both parents,
- a safe educational environment,
- an adequate standard of surviving and education.
Parents, despite the breakup of the relationship, are obliged to cooperate in matters of the child. In disputed situations – the court is assisted, as well as professional legal assistance.
In case of doubt, it is worth consulting a lawyer to avoid unnecessary disputes.The information on the website is simply a description of the legal position at the date of publication and is not a legal advice on an individual case. The legal position of publication may change. The law firm is not liable for utilizing an alert to solve legal problems.
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