CHANGES IN A SPECIFIC LAW

August 29, 2015 amendments to the family and guardianship code concerning the divorce decree have entered into force, the purpose of which is to safeguard the child’s right to education and contact with both parents who, for obvious reasons, do not live together after divorce.
The first change concerns the precise determination of the form of an agreement between the parents (regarding the method of exercising parental authority and maintaining contact with the child after divorce), which after the reform must be concluded in writing (Article 58 § 1).
The new regulations give priority to the will of parents, ie only when the parties do not conclude the agreement, the court (taking into account, of course, the child’s right of contact with both parents) will decide how to jointly exercise parental responsibility and maintain contact after divorce, this authority, rules are granted to both parents. There is, of course, the possibility of entrusting the exercise of parental authority to only one of the parents, limiting the parental authority of the other to certain duties and entitlements only in relation to the child (§ 1a).
Under the new provisions, the court no longer has to regulate contacts between parents and a minor child, if the parties do not wish to do so, i.e. on their compliant application (§ 1b).