POROZUMIENIE RODZICÓW O SPOSOBIE WYKONYWANIA WŁADZY RODZICIELSKIEJ
PARENTS’ AGREEMENT ON A WAY OF PERFORMING PARENTAL AUTHORITY

Summary/Abstract: The article describes the agreement concerning execution of parental care, which is a new legal institution recently introduced to Polish Family and Guardianship Code. The Polish statutory regulation regarding this kind of agreement are presented on the grounds of similar regulations existing in several European countries, such as Germany, Italy, Sweden, United Kingdom or Czech Republic, as well as in the United States. Especially the American regulations are significant, because the new family regulation was mostly based on the American model. According to the new structure of art. 58 § 1 of the Polish Family and Guardianship Code, a parental agreement may constitute a part of a divorce judgment, although the parental agreement is not a necessary element of a divorce proceeding. Such agreement may establish parents’ obligations in financing child living costs and upbringing of a child. The agreement may also regulate parents’ contacts with the child. The family court will accept the agreement concluded by parents only if it decides that such agreement is not inconsistent with a child’s interest. The court is empowered to amend such agreement. The statute does not determine necessary elements of parental agreement, as well as it does not contain a form of it. Taking above into consideration, it has to be noticed that the new Polish statute establishes a general regulation, which is similar to regulations adopted in other European countries.

• Details
• Contents