Threat to the Welfare of the Child by Unprofessional Attempts to Create a New Family Code
Threat to the Welfare of the Child by Unprofessional Attempts to Create a New Family Code

Summary/Abstract: The aim of the article is to evaluate the draft of a new Family Code developed by theSocial Codification Commission for Family and Guardianship Law attached to theChildren’s Rights Ombudsman with regard to the advisability and legitimacy of thechanges proposed in it, as well as to analyse its selected detailed solutions in thecontext of their impact on the protection of the child’s welfare. The aforementioneddetailed issues concern, among others, the issues of parental custody and materialand legal grounds for divorce. The proposed changes, namely the replacement of theinstitution of parental custody with “parental responsibility” and the introduction ofa new divorce premise are perceived by the authors of the article as clearly negative.The authors of the article are also critical of the procedure of preparation of thediscussed draft. In their opinion, the applicable Family and Guardianship Code isnot an anachronistic legal act and can and should continue to play the role of a basicregulator of legal and family relations in our country. The proposal to replace it witha new code is not sufficiently justified, either legally or socially, and its adoption mayprove to be dangerous for the stability of the legal and family regulations,shaped bythe latest amendments to family law and contrary to the principle of protection of thebest interests of the child.

• Details
• Contents