Institution of Alternating Parental Custody in the Perspective of the Constitutional Principle of the Good of the Child – Critical Analysis Cover Image

Instytucja pieczy naprzemiennej w perspektywie konstytucyjnej zasady dobra dziecka – analiza krytyczna
Institution of Alternating Parental Custody in the Perspective of the Constitutional Principle of the Good of the Child – Critical Analysis

Author(s): Paweł Śmiałek
Subject(s): Civil Law, Family and social welfare
Published by: Oficyna Wydawnicza KA AFM
Keywords: interchangeable custody; good child’s welfare; family law; contact with the child; obstructing contact with the child;

Summary/Abstract: The institution of interchangeable custody is a relatively new phenomenon in Polish family law. Its main purpose is to take into account the child’s good by caring for both parents during a designated period. The author presents the basic legal regulations regarding the title matter. He points to potential positive sides related to the use of this institution, and also draws attention to negative aspects and possible threats. All evaluations are made from the perspective of axiological and normative values resulting from art. 72 of the Constitution which stipulates the need to look after the good of the child. In the last part of the study, the author presents proposed legislative and systemic changes that can potentially improve the functioning of interchangeable custody.

  • Issue Year: 24/2019
  • Issue No: 1
  • Page Range: 185-201
  • Page Count: 17
  • Language: Polish