Summary: | The inspiration for the subsequent consideration is a strong conviction, that
courts mean much more in the modern society, than just an arbiter in the disputes. They are
role models in so many ways: they make legally desired standards of behavior, they give the
proper meaning to the legal institutions by communicating their correct functioning, they
verify in the practice the complexity and clarity of legal provisions and by its judges they
can create the modern authorities to follow. There is a strong link between the role, that
the domestic courts play (or should play) in the law-abiding state, and the impact they put
into the society and its values, shaping the views for the young generation, through their
consistent attitude in jurisprudence.
Authors analyze the chosen judgments of the domestic family courts, looking for the
correct legal vision of the parental authority in Polish law in the first place and for the
optimal standard of exercising it by parents in practice, i.a. after the divorce. The analysis
is supposed to be the part of more general consideration according to the judicial view of
the family as the basic unit of society and its functioning after any kind of breakup. Authors
further examine, to what extend such model of regulation in the matter fulfils the general
requirements of international and European law. Those considerations have two main goals:
to investigate the contribution of Polish family courts into making international standard
of parental authority, and to indicate what kind of support those courts can offer to the
international society in this field.
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