Shared custody

Shared custody is recently a method of custody of minors in the event of the divorce of parents, which has been ruled by the courts with increasing frequency. It should be noted that in Polish legislation this institution is not one of the best developed. Below we will try to explain to you what we can really understand by the concept of shared custody. 

 

Shared custody is a situation in which the court, while declaring a divorce between spouses, at the same time indicates that both parents will take care of the child equally. As can be assessed – given the fact that in deciding the issue of parental authority, the courts are most in favor of leaving it in the hands of both parents – the legislator decided to establish the institution of shared custody (care). However, the essence of this custody was not regulated in the Civil Code. This institution was introduced in principle by the Act of February 11, 2016 on state aid in the upbringing of children. 

As indicated in the doctrine, the court’s decision on alternate custody can be made both in the situation of an agreement between the child’s parents on the exercise of parental authority and the manner of contact with the child, as well as in the absence of such an agreement. 

 

 

The main issue considered by the court when deciding on shared custody of a joint minor child is the question of the compatibility of the ruling with the welfare of the child. It is pointed out that there are no general rules by which the court determines whether an shared custody ruling will be good for the child or not. It is for this reason that each case considered by the court is examined with particular reference to the situation of the particular family.

However, as the District Court in Wroclaw ref. III Nsm 37/16, points out, “It has been found that prolonged alternation with both parents is conducive to a decrease in conflict situations, because there is no escalation of conflict and fighting over the child. Neither parent then has the feeling of losing the child completely, and the lower level of conflict translates into a benefit for the child.”

 

If you would like to get more information about this issue please contact us:

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