Sokołowski, Tomasz2013-03-112013-03-112003Ruch Prawniczy, Ekonomiczny i Socjologiczny 65, 2003, z. 3, s. 97-1110035-9629http://hdl.handle.net/10593/5091The 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.plArtykuł