POWRÓT DZIECKA DO RODZINY BĄDŹ FAKULTATYWNE POZBAWIENIE WŁADZY RODZICIELSKIEJ
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Date
2003
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Wydział Prawa i Administracji UAM
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RETURN OF CHILD TO FAMILY OR FACULTATIVE DEPRIVATION OF PARENTAL AUTHORITY
Abstract
The institution of facultative deprivation of parental authority makes the court intervention
conditional on the assistance provided to families living in severe conditions and whether
such assistance has been duly used by the parents. The assistance provided pursuant to the
new Article 109 § 4 of the Family and Custody Code by the county (powiat) centre for assistance
to families is obligatory and has been designed to facilitate the return of a child to his
or her natural family. In the event that the pathology persists irrespective of the assistance
provided, the child will remain with the foster family or custodial institution and the parents
will their parental authority restricted. However, if the welfare of the child requires so, facultative
deprivation of parental authority can also be applied following the provisions of the new
Article 111 § la of the Family and Custody Code. It is based on the conjunction of two
grounds: firstly, „provision of due assistance” and secondly, the persistence of state of affairs
in the family that formed the basis for the provision of the assistance under Article 109 § 2,
clause 2 of the Family and Custody Code. Furthermore, the new provision under Article 579
of the Civil Procedure Code requires that the court periodically monitor the situation of
the child and, in isolated cases, initiate the procedure for deprivation of parental authority.
However, the initiation of such procedure does not necessarily entail actual deprivation.
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 65, 2003, z. 3, s. 97-111