Sytuacja prawna małoletniego dziecka, które ukończyło 13 lat, w przypadku rozwodu jego rodziców – analiza z uwzględnieniem badań aktowych

Abstract

The article concerns the legal standing of a minor child in the event of his/her parents’ divorce. There are three aspects to be taken into account when speaking about a minor child in a divorce case. First and foremost, the child’s situation prior to divorce and the probable consequences of divorce for his/her future life. Secondly, the status and rights of the child in court proceedings and, finally, the situation of the minor after divorce. The court must also decide whether the divorce is not contrary to the best interests of the child, which is a reason for refusal to dissolve the marriage. Then, when deciding to grant divorce to the parents of a minor child, the court must decide on parental responsibility, access rights, child support, and the child’s place of residence. It is the court’s duty to consider the opinion of the child, who has the right to be heard in every case that concerns him/her, guaranteed both by international standards and by the Polish constitution. The article contains both a theoretical analysis of the issue and the results of research carried out in three Polish regional courts: in Szczecin, Łódź, and Lublin. The research sought to answer the question about the length of the proceedings, the number of court hearings, the evidence used, and the manner in which the court ruled on the child’s situation after divorce (place of residence, parental responsibility, access rights, and child support). The results of the research show that there is still a lot to be done to ensure practical implementation of the rights of the child in court proceedings as provided for by the applicable provisions of law.