Changes in the Family and Guardianship Code

Design changes in the Family and Guardianship Code in the scope of exercising parental authority, divorce proceedings – the Civil Procedure Code and the Criminal Code

In the proposed changes, it was added to art. 58 – § 1 aa, and to art. 107 §2a which introduces the so-called alternating care. The court may, at divorce, leave the parental authority to both parents to determine that the child will live with each of the parents at recurring periods. The next proposed change concerns art. 109 §1 where in the event of a threat to the child’s good as a result of non-performance of court decisions, a settlement, in particular in the field of contacts or forced removal of a child, the court will issue appropriate orders.

A significant change is the fact that the parent’s maintenance allowance for a child who is over 25 years old expires. A new institution of immediate maintenance was determined even without the need to bring a claim in the percentage determined on the basis of the number of children.


Design changes in the divorce process

Prior to filing a lawsuit for divorce or separation, family information proceedings are carried out. The purpose of the proceedings is to reconcile the spouses and work out an agreement on how to exercise parental authority, contact with children, and bear the cost of child maintenance.

Information proceedings with the consent of the spouses may also concern the development of an agreement regarding the division of joint property.

Information proceedings will not be carried out if the spouse has been convicted by a valid sentence against a second spouse or child before filing the divorce or separation claim or has been charged with committing such an act.

Information proceedings are conducted by the court.

Design changes in the Penal Code New art 209 a §1 If the parents obliged by the court to perform contact, alternating care or avoiding the transfer of the child to the entitled person do not fulfill their obligation, a fine or restriction of liberty may be imposed. Prosecution of non-performance of the obligation takes place at the request of the aggrieved party.