Kognicja sądu opiekuńczego w istotnych sprawach dziecka dotyczących wyznania
Jurisdiction of guardianship courts in cases involving important matters of the child related to religious conviction

Summary/Abstract: The focus of the paper is an issue of the competence of the guardianship court in cases involving important matters of the child (Article 97 § 2 of the Family and Guardianship Code of 1964) related to upbringing in accordance with parents' religious (or atheistic) conviction. It must be emphasized that many arguments for the standpoint that the jurisdiction of the state courts is inadmissible in such cases. The conclusion is primarily based on the constitutional impartiality of the public authorities in matters of religious conviction and parents' freedom to ensure their children religious upbringing in accordance with their convictions (Articles 24 and 53 of the Constitution of the Republic of Poland of 1997) and the specific, personal nature of this cases. The author discusses the circumstances where a judgment guardianship court would be necessary and presents the types of such judicial judgments depending on whether the parents - driven by religious reasons - endanger or not the child's welfare.

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