Izolowanie dziecka przez jednego z rodziców od kontaktu z drugim rodzicem - kilka uwag na gruncie prawa karnego
Parental isolation of a child from contact with the other parent - selected remarks in the context of criminal law

Summary/Abstract: The issue of criminalizing parental alienation has for many years been the subject of scholarly debate and academic writings. A recurring conclusion is that the penalization of conduct consisting in isolating a child from contact with the other parent is necessary, and that amendments to the Penal Code in this regard are required, since the consequences of such behavior are far-reaching and primarily threaten the welfare of the child. At the same time, there are voices cautioning against introducing changes to the Penal Code in this area, as well as against the unreflective use of the very concept itself. The subject and aim of this study is to analyze the phenomenon of parental alienation, with reference to selected cases adjudicated by domestic courts. The article adopts a theoretical and legal perspective, enriched with elements of dogmatic analysis. The issues discussed here bear a distinctly practical dimension, as they present reflections on the phenomenon in the context of substantive criminal law provisions. The author describes situations in which one parent isolates the child, not guided by the child's welfare, but rather by motives often lacking any rational justification.

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