Religijne wychowanie dziecka jako przedmiot rozstrzyganego sądownie sporu pomiędzy rodzicami
Religious upbringing of a child as the subject of a parental dispute resolved by the court

Summary/Abstract: The article presents a synthesis and review of the criteria indicated in legal literature and used in the case law of various countries for the judicial resolution of parents’ disputes regarding the religious upbringing of their children. The collision of parents’ rights and freedoms (the right to raise a child in accordance with the parents’ own beliefs, the right to privacy and family life, and freedom of conscience and religion), the contentious understanding of the child’s best interests and the court-binding principle of religious impartiality (neutrality) of public authorities make the given category of cases particularly difficult to adjudicate. This complexity means that legal provisions can guide and determine judicial practice to a limited extent without abolishing the need for a contextual approach to a specific case by the court acting within the limits of considerable discretion. When resolving parental disputes, courts should try to limit the mother’s or father’s right to raise the child in accordance with personal beliefs to the smallest possible extent but in a way that is still adequate for the child’s welfare, understood in terms of their protection against physical and psychological harm but fundamentally not in terms of future prosperity.

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