"Porozumienie” rodziców jako przesłanka pozostawienia im obojgu władzy rodzicielskiej po rozwodzie wybrane zagadnienia
The „agreement” between parents as a condition to exercising parental authority over a child after the divorce

Summary/Abstract: The essential aim of this article is to discuss the mechanism of “agreement” reached between parents with regard to exercising parental authority over a child and maintaining relationship with the child after the divorce, which was introduced to the Family and Guardianship Code by way of the amendment of 6 November 2008. This mechanism constitutes for the court one of the statutory prerequisites to grant both parents parental authority over the child after the divorce, and it has been presented herein in this context. The article shortly presents the origination of the notion of “agreement” reached between parents provided for in Article 58 of the Family and Guardianship Code, its ratio legis, and it points out the defects of this mechanism stemming from the legislator’s lack of precision which results in incorrect application of the aforementioned provision of law. In the context of analyzing the mechanism of granting both parents parental authority over the child after the divorce, the article also presents a clearly negative approach to the proposal of a possibility to adjudicate “alternating custody”, in the divorce judgment, which is defined in the legal doctrine, if the parents unanimously petitioned for it in the “agreement”. It has been underlined that such a way of adjudicating parental authority is not provided for in the applicable provisions of law and - which is equally important - it is contrary to the child’s welfare

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