Wykładnia celowościowa pojęcia „rodzina”. Glosa krytyczna do Wyroku WSA w Szczecinie z dnia 18 stycznia 2018, II SA/Sz 1199/17

Abstract

The commented judgement refers to the kind of interpretation of the term “family” in the scope of its members. The choice of interpretation is necessary for examine of possibility of granting the one-time financial support for the birth of the child. The key problem of the case is the question whether the father who does not stay actually with mother and child contains the family. According to the strict interpretation father belongs to the family and his income should be taken into account. WSA decided to use the teleological definition of family which takes into account only members actually forming family and excluded father from community of family. In that way his income is not subject of verification. According to the author of the commented judgement interpretation preferred by WSA is contra-legem, releases father from his futures duties and presents dangerous corruption of system of family law. The father cannot be excluded from the family in any dimension.