Joint Physical Custody After Parental Separation: A Polish Perspective

The aim of this paper was to present the characteristics of joint physical custody in Polish family law. For this purpose the relevant regulations of the Polish law were analysed. In the paper, the substantive as well as the procedural provisions were compared. The Family Court may award joint physical custody if the parties have made an agreement, consistent with the welfare of the child, or in the absence of such a parenting agreement, having regard to a child’s right to both parents. One hypothesis assumes that joint physical custody does not mean only symmetric child custody arrangements, and its proper application by courts is determined by taking into account many different factors. In the paper, the results of the examination referred to joint custody in child custody law in Germany and the Swedish experience of joint physical custody, were presented. The main advantage of joint physical custody is to provide both parents equal control over decision regarding a child’s upbringing and to split the time that a child spends living with each of them. This paper contains a reflection on joint physical custody in the face of COVID-19. The current pandemic is having an enormous impact on families. During this particular time, it is time to become more cooperative and more fluid, not less.

Who Determines Children's Best Interests?

Danaya Wright's analysis of English child custody law is thoughtful and thought provoking. Through an excursion deep into English legal history, she not only contextualizes the De Manneville case but also convincingly demonstrates that child custody has long been contested and that those contests have always contained an incendiary mix of policies and practices. Wright's article documents that the key elements of custody conflicts—property, children's needs, and paternal and maternal rights and claims—have distinct and collective histories and that both defy easy analysis. In doing so, her essay makes it clear that these cases have always been difficult because they involve changing and clashing interests and because common law tribunals are the setting for their definition and application. Consequently, her essay is a compelling example of the benefits of locating a case in its particular place and time.