Prawo dziecka do relacji osobistej z rodzicami w sytuacji ich rozstania
The child’s right to a personal relationship with separated parents

Summary/Abstract: RESEARCH OBJECTIVE: The aim of the study is to analyze the situation of the child in the personal relationship with a parent during the crisis in the family, which is the separation of the parents, taking into account Polish law. THE RESEARCH PROBLEM AND METHODS: The research problem forms of a question: do the current regulations properly define the right to the personal relationships between a child and separated parents? The methodology is concerned, systematical analyze has been applied with elements of anthropological philosophy, personalistic philosophy, philosophy of dialogue, human rights and philosophy of responsibility. THE PROCESS OF ARGUMENTATION: The study begins with drawing an attention to the problem of the child’s personal relationship with separated parents. Then Art. 113 § 1 of the Family and Guardianship Code has been analyzed in the context of the correctness of treating the relationship with the parent as a child’s duty, as well as the correctness of limiting the regulation of the sphere of relations with separated parents to contacts. It also indicated the way in which international regulations define the child’s relationship with separated parents. RESEARCH RESULTS: The analyze has led to a conclusion, that it is the necessity to adjust Polish regulations to international standards and to take fuller account of the subjectivity and personal dignity of the child more fully. CONCLUSIONS, INNOVATIONS, AND RECOMMENDATIONS: It is postulated to change the regulation of Art. 113 § 1 of the Family and Guardianship Code by removing the category of the child’s duty to contact the parent and changing the concept of contact to a broader definition of personal relationships.

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