Depriving the parent of parental power is further interference by the court in the structure of the household than limiting parental power and, as such, applies to situations most threatening the welfare of the child. These situations are mentioned in Article 111 of the Code of household and Care (k.r.o.) and they trust on
- inability to exercise parental authority by a parent due to a permanent obstacle,
- abuse of that power, or
- grossly neglecting parental responsibilities towards the child.
The concept of kid welfare
Parents who rise a kid under their parental authority are obliged to care for his physical and spiritual improvement (Article 96 §2 of the Land and of the Land). The literature emphasizes what, from the point of view of the simple principles of social coexistence, remains rather clear that appropriate upbringing of the kid involves ensuring a unchangeable household situation, a appropriate emotional climate and respecting it. Inadequate, endangering the welfare of the child, the actions of parents are so to destabilize his position (yes: T. Sokołowski, Commentary on Art. 96 k.r. and O, Lex) Parents rise a kid together and are so obliged to co-determine the direction of his upbringing and the methods of training employed (yes: judgement of the Court of Appeal in Rzeszów of 20 October 1994, ref. Act III AUr 28994, OSA 1995, of 3, item 33).
This is the boundaries of a kind of ‘model’ of parental behaviour that should consist in the appropriate exercise of parental authority. It is not hard to realize that this is both about the behaviour of the kid and on behalf of the kid – each parent individually, both straight and indirectly affecting the situation of the kid (in particular, the consequence and consequence to any threat to the unchangeable situation of the child, including those whose household situation may be the origin of the situation), as well as the full of the relation between parents, which find the proper, shared exercise of parental power, but besides let the kid to live, grow up, form the personality of the child, its emotional improvement – in a average atmosphere, in peculiar providing the kid with good practices (respect, understanding, tolerance, problem solving skills – without common force and unfair accusations).
Thus, a situation which deviates from the identified and desirable model of parental power justifies the decently understood interference of the household court—for the benefit of the child, alternatively than, which should be powerfully emphasized—for the benefit of his parents, in peculiar their alternatively subjective well-being, that they actually do not see anything that would endanger the situation of their child.
It should so be recalled that, in accordance with Article 3(1) of the Convention on the Rights of the Child, adopted by the United Nations General Assembly on 20 November 1989 (Journal of Laws of 23 December 1991), to which the Republic of Poland is simply a party, ‘in all activities involving children undertaken by public or private social welfare institutions, courts, administrative authorities or legislative bodies, the best interests of the kid will be overriding’ (yes: order of the Kielce territory Court of 18 June 2020). Act II Ca 1/20) .
Abuse of Parental Authority
Abuse of parental power occurs erstwhile parental conduct objectively exercises destructive influence on the child's upbringing and intellectual improvement processEven if it is not related to a subjective, negative attitude of the parent towards the child.
The ultimate Court in its decision of 7 September 2000, I CKN 931/00, indicated that this was peculiarly the case erstwhile the father of the kid persistently, there is an flat in which a insignificant and his parent live, coming most frequently in the night, always intoxicated, insulting and threatening the child's mother, causing drastic unrest. In this example, although the father's aggression was not directed straight against the child's person, his aggressive behaviour towards his mother, the condition in which he came to her home and caused in the presence of the child, had a negative effect on the child's intellectual state, causing tense – anxiety reactions, creating a sense of destabilization and danger.
Discussing the origin of the kid respective years after birth, through innuendos of his/her/her/her/her/her/her/her/her/her/her/her/her/her/her/his/her/his/her/his/her/his/her/his/her/his/her/his/her/his/her/his/her/his/her/his/her/his/her/his/her/his/her/his/her/his/her/his/her/s/s/his/her/her/s/his/her/s/s (jurisdiction of the ultimate Court of 3 April 2000, I CKN 564/98).
If a insignificant Polish national who has the right of discernment, wants to stay in Poland, this is the action of the parent to carry out the will of the child, which cannot be regarded as an abuse of parental power (order of the ultimate Court of 1 October 1998 and CKN 834/98).
The concept of abuse of parental power besides fulfils:
- the usage of physical or intellectual force by parents, in peculiar excessive punishment,
- using a kid for fornication,
- forcing the kid to work besides much at home or to work for a living,
- to lead by deficiency of care for the misbehaved behaviour of the kid in school and to bad results in science,
- depriving the kid of his natural household environment and direct care of the another of his parents by illegally keeping him at home, especially erstwhile this is linked to the removal of the kid against the will of the another parent permanently abroad,
- living with a kid and a fresh partner, if specified a arrangement adversely affects the child's upbringing,
- drinking a child,
and many another behaviours that are mainly a crime within the meaning of the Criminal Code (K. Gromek, household and Care Code). Commentary., issue 5, Warsaw 2016, opubl. Legalis, order of the Suwałki territory Court of 15 December 2016 I Ca 498/16).
Persistent obstacle to parental authority
A permanent obstacle preventing the exercise of parental power should be understood to mean a relation arrangement which excludes the permanent exercise of parental power by parents in the sense that either according to reasonable predictions it is not possible to find the duration of this arrangement or, at least, that the arrangement will be for a long time (yes: order of the ultimate Court of 2 June 2000, II CKN 960,00).
By decision of 10 May 2000, III CKN 775/00, The ultimate Court found that leading parasitic lifestyle and alcohol abuse, the consequence of which is gross neglect of obligations towards the child, and conviction the parent to long-term imprisonment, fulfils the definition of an obstacle preventing the exercise of parental power over the child.
Non-compliance with parental obligations
By interpreting the notion of neglecting parental responsibilities contained in Article 111 § 1 k.r.o., it must be borne in head that the court is only authorized to deprive the parental authority of specified negligence of obligations towards the kid as may be regarded as gross. These must be serious negligence or neglect of lesser weight, which takes on the qualities of inadequacy and tenacity. In the recipe Article 111 § 1 k.r.o. It is the neglect of parents who are persistent, incorrect, and heightened by bad will.
Negligences of a lesser weight, which do not meet specified characteristics, only justify the adoption of appropriate orders provided for in Article 109 k.r.o. (orders of court forcing parental conduct, probation, placement of a insignificant in a foster family, etc.) Disposal of parental power is the most severe means of interference of the court, which can only be applied if the milder measures applied to date have proved ineffective or in the circumstances of the accident in question It is clear that softer measures are not intended (order of the ultimate Court of 19 June 1997 III CKN 122/97).
Abuse of alcohol, criminal activity and evasion of kid support are a adequate reason for the deprivation of parental power on the basis of Article 111 § 1 k.r.o. (yes: ultimate Court order of 12 January 2000 III CKN 834/99).
The killing of a child's parent by his father, having negative personality traits that endanger the well-being of the child, destroys his natural household environment and constitutes a gross neglect of parental duties towards the child, justifying the deprivation of parental power (Article 111 § 1 k.r.o.) (yes: ultimate Court order of 17 November 1998 II CKN 893/97).
There is no abuse of father's parental power erstwhile this, by the feelings of the child, refuses to accept the adoption of the kid by the current husband of the parent of the child, even though the kid is decently raised in the fresh household and is attached to his stepfather (yes: order of the ultimate Court of 8 February 1974 III CRN 346/73).
Depriving the father of a few-year-old kid of the natural environment and of the direct care of the parent and the anticipation of raising together with the insignificant siblings and stopping him permanently – against his mother's will – in a abroad country contains elements of abuse of parental power which justify the deprivation of that power (order of the ultimate Court on 14 October 1970 III CRN 181/70).
Other causes of parental deprivation
A court may deprive parents of parental power if, despite the assistance provided, the origin has not stopped order the court to place a insignificant in a foster family, a household home or in an organization foster care or to temporarily delegate the function of a foster household to spouses or to a individual who does not fulfil the conditions relating to foster families, as regards the essential training provided for in the provisions on support for the household and the foster care system, or to order the insignificant to be placed in a nursing and nursing establishment, or in a nursing and rehabilitation facility. This occurs in peculiar When parents are not permanently curious in the child.
Depriving of parental power and contact with a child
A parent without parental authority retains the right to contact the child, unless the custody court prohibits the maintenance of these contacts, which may happen erstwhile the parent's relation with the kid seriously threatens or violates the kid (yes: the ultimate Court order of 3 December 1998, II CKN 871/98).
Depriving of parental power and prior actions of the court
Depriving of parental power, even though it is the most severe means, does not request to be preceded by another ‘limiting’ provisions(yes: order of the ultimate Court of 3 December 1998, II CKN 871/98).
Depriving of parental power and the maintenance obligation
The depriving of parental power does not destruct the parent's maintenance work to the child.
Depriving a parent from 1 child
The deprivation of parental power is not of a general nature and can only be ruled on 1 kid if any of the reasons provided for in Article 111 § 1 k.r.o. (yes: ultimate Court order of 12 September 2000, III CKN 1143/00).
On the limitation of parental power in the situation of separation of parents (actual separation, concubine): read here
