Threat of injunction and injunction of payment

Today’s article will be devoted entirely to the matter of the threat of injunctive relief and consequently, an order for payment. What it means and when we can apply for such a solution, we will try to present to you below.

 

According to the Family and Guardianship Code in force, and in principle Article 113 § 1, parents, irrespective of parental authority, have the right and duty to maintain mutual contact with their child. These contacts consist mainly of visits, meetings or taking the child away from his/her place of permanent residence. Sometimes, however, a situation arises in which the father or mother, in whose custody the child is placed, does not properly fulfil the obligations arising from a court judgment or an agreement with a mediator concerning contact with the child. Moreover, it also happens that both the person with the rights and with no rights for child access can violate the obligations arising from the legal agreement. In both cases, the court can apply the injunction of payment for each violation of the obligation. With annotation that the financial situation of such a person is considered. 

 

 

Under the current law, the guardianship court with jurisdiction over the child’s place of residence issues the order requiring the payment  at the request of an entitled person only, i.e., a person in whose custody the child remains or who has the right to contact the child. What is very important, the issuance of the threat of order for payment is the first stage of the whole proceedings. What is very important, the issuance of the threat of order for payment is the first stage of the whole proceedings.

 

The second stage of the proceedings consists in ordering the payment of a specified sum. It follows the threat of an order for payment had been obtained, and further non-performance or improper performance of obligations had occurred. At this point, the court could order payment. As a result of further non-performance or improper performance of contact with the child, the entitled person, i.e., the person in whose custody the child remains or the person who is entitled to contact with the child may immediately apply to the guardianship court for an order to pay a sum of money. The amount to be paid will be commensurate with the number of violations. What is important is that the person entitled based on the threat of payment may apply to the court each time when a violation occurs. It should also be noted that if contact has not taken place because of non-performance or improper performance by the custodial parent of obligations arising from court or mediator agreement. The guardianship court will award that person reimbursement of reasonable expenses incurred in arranging the contact

 

In conclusion, it is agreed that when the contact with the child is hindered it is possible to turn to the court. It concerns either the custodial parent, the parent authorized the contact or a person who has been forbidden the contact at all. All can be penalized and be ordered to pay a specified sum of money to the entitled person who has reported the case.