Instytucja kuratora reprezentującego dziecko w procesie cywilnym po nowelizacji

Abstract

The purpose of this study is to analyse the amendments to Article 99 et seq. of the Family and Guardianship Code, introduced by the Act of 16 May 2019 Amending the Act – Family and Guardianship Code and the Act – Code of Civil Procedure. The author discusses and evaluates the solutions introduced under the said Act, taking into account the circumstances that provided the impulse for the legislator to introduce changes affecting guardians representing children, bearing in mind the existing regulations and recommendations in the field of broadly understood international law as well as the position of judicature and legal scholars. The overall positive assessment of the amending act, which was one of the most anticipated amendments in recent years, is made worse by the ambiguities identified by the author in the area of detailed requirements set by the legislator for the person acting as the guardian representing the child and how they are verified by guardianship courts. Due to the limited size of the study, the considerations are limited to issues related to the guardian representing the child in court proceedings.