Joint Physical Custody After Parental Separation: A Polish Perspective

Abstract

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.