How to Avoid Conflict Over a Child: What the Law Provides for Parents After Divorce
Mother and father have equal rights and responsibilities regarding raising a child regardless of whether they were married or not. The termination of the relationship or living separately does not end parental rights and does not change the obligation to jointly participate in upbringing.
The parent who lives separately retains the right to communicate with the child and participate in their upbringing. The other parent has no right to unjustifiably obstruct this if such contacts do not harm the child's interests.
Agreement Between Parents
Parents can regulate the issue of participation in raising the child through an agreement — oral or written. In the case of a written form, the agreement must be notarized.
Such an agreement usually defines:
- schedule of communication with the child;
- financial contribution of each parent;
- distribution of responsibilities regarding upbringing.
If the terms of the agreement are not fulfilled, the party that violated the obligations may be held liable, including compensation for material and moral damages.
Mediation as a Way to Resolve Conflict
If parents cannot reach an agreement on their own, they can turn to mediation.
Mediation is an out-of-court procedure during which the parties, with the participation of one or more mediators, try to resolve the dispute through negotiations. The results of the agreement can be recorded in a written contract.
If Agreement Is Not Reached
Disputes regarding upbringing or communication with the child can be resolved by:
- the guardianship and custody authority;
- the court.
In both cases, the key criterion is the best interests of the child.
The Role of the Guardianship and Custody Authority
Upon the application of one of the parents, the guardianship authority:
- examines the living conditions of both parents;
- assesses the attitude towards the child;
- takes into account other significant circumstances.
Based on this, the order of participation of the parent living separately in upbringing and communication with the child is determined, including the schedule of contacts.
Such decisions are mandatory for execution. In case of evasion, liability may arise, including compensation for damages.
Resolving Disputes in Court
If one of the parents obstructs communication with the child or does not comply with the decision of the guardianship authority, the dispute may be referred to court.
The court may determine:
- the schedule and form of communication;
- the place and time of meetings;
- the possibility of joint recreation.
When making a decision, the child's age and health, attachment to each parent, parents' behavior, presence of harmful habits, and other circumstances are taken into account.
If the court decision is not fulfilled, legal consequences are possible, including compensation for damages or revision of the child's living arrangements.
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