Kontrowersje wokół tak zwanej pieczy podzielonej nad małoletnim
Controversies on so-called shared care of adolescent

Summary/Abstract: The basic principle is that a child remains under indivisible parental authority – granted by law to both of parents (sometimes – to one of them). In some cases, it is in the interest of a child to be surrendered to legal custody exercised by other people (the foster care). Since foster care does not totally exclude parental authority – fostering only restricts parental authority (however a guardianship court is allowed to change the scope of limitation of parental authority), an idiosyncrasy has occurred – described as shared or divided care. In this specific situation attributes of parental power need to be divided between parents and those, who do foster care. The aim of this Paper is to analyze the regulation of foster care in the Polish Family and Guardianship Code and to present problems with interpretation of applicable provisions regarding foster care. In addition the Paper contains an analysis of legal solution similar to construction of shared care – a situation when parents, deprived of parental authority because of limited capacity for legal acts, participate in exercising of current care and in bringing up a child.

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