Zawieszenie postępowania w procesie o rozwód (art. 440 k.p.c.) a ochrona dobra dziecka
Suspension of proceedings in divorce proceedings (Article 440 of the Code of Civil Procedure) and the protection of the welfare of the child

Summary/Abstract: “The prospect of the maintenance of conjugal life” [which is a prerequisite for suspending the proceedings under Article 440 of the Code of Civil Procedure] is nothing more than a presumption by the court that the breakdown of conjugal life has not yet occurred. To suggest that it is necessary to hold a hearing of evidence and to set a hearing for that purpose in order to establish the existence of grounds for suspending of proceedings under Article 440 of the Code of Civil Procedure is a misunderstanding. This provision should be applied when attempts at reconciliation between the spouses have failed, but the court – on the basis of the parties’ behaviour, sometimes even gestures or smiles reminiscent of those of quarrelling children – may become convinced that “there are prospects for the maintenance of conjugal life”. In such a situation, in order not to aggravate the conflict by conducting the hearing of evidence, especially those involving the hearing of witnesses, the court shall suspend them at such a stage of the proceedings at which the court’s conviction has arisen. This may be a conciliatory hearing, a hearing or a closed hearing initiated by a pleading of one or both parties.

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