Dopuszczalność orzekania o pieczy naprzemiennej
Admissibility of adjudication on alternate custody

Summary/Abstract: The change in the model of life consisting in the increased involvement of both parents, and not only mothers, in exercising actual care of the child influenced the growing number of applications for the establishment of alternate custody. The purpose of the article is, on the one hand, to show the sceptical approach of the courts to adjudicating alternate custody, and on the other hand, to draw attention to the formal possibility of regulating parental authority in such a way that the child can be with each parent separately in repetitive periods. However, the lack of a legal definition of this institution under the Family and Guardianship Code means that it is still extremely rarely adjudicated in judicial practice, even though the provisions of the Code of Civil Procedure directly refer to it. The admissibility of its judgment can also be derived from the content of Article 58 § 1a of the Civil Code. and art. 107 § 2 of the Civil Code. On the other hand, the positive results of research on alternating care carried out in other countries where it has been used for years indicate the legitimacy of adjudication from the point of view of the child’s well-being. Undoubtedly, it is an institution worth more attention of judges and more frequent use than ever before when the conditions for its adjudication are met. A mediation institution may be helpful in this regard.

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