By judgement of 22 June 2022, The Constitutional Court ruled that the provisions of the Code of civilian Procedure concerning monetary sanctions for breach of obligations in relation to contact with a child, in so far as the misuse or non-execution of obligations is related to the conduct of the child, not invoked by the individual under whose custody the kid is situated, are incompatible with Article 48(1) of the Constitution of the Republic of Poland and Article 72(3) of the Constitution.
Jacek Jaruchowski, in the above-mentioned scope, emphasises the anticipation of imposing monetary sanctions on the parent for inadequate care or evasion of kid care by the second parent. In the view of the Constitutional Court, erstwhile his negligence is due to the attitude of a kid who de facto refuses to see him, it is hard for him to be charged with financial penalties.
According to the Constitutional Court, the provisions of the civilian Code on specified sanctions are incompatible with the right of parents to rise children in accordance with their own beliefs, taking into account the degree of maturity of the child, as well as the freedom of his conscience and religion and his beliefs. The non-compliance is besides apparent from Article 72(3) of the Constitution for the Protection of the Rights of the Child, whereby, erstwhile determining the rights of the child, public authorities and persons liable for the kid are obliged to hear and, where possible, take account of the opinion of the child.
According to Mr Jaruchowski: "On the 1 hand, the position expressed by the Constitutional Court should be assessed positively. On the another hand, in view of the hazard of abuse (e.g. parental manipulation), the courts will gotta examine carefully whether the child’s decision is full independent and has been taken without the influence or force of the parent in charge."
