Does the lack of an agreement signed by the parents forces to limit parental authority of one of them?
The requirement of parental divorce agreement was introduced in art. 58 paragraph 1a of the Code of the Family. It is now interpreted by the courts, so that the parents do not provide consistent, agreement signed by both of them, then one of them, usually the father, is limited to parental authority.
This requirement of parental authority restrictions in case of disagreement is to be disappear according to the latest proposed amendments to the family code and caring code. The ability to leave parential authority for both parents, even in the absence of a signed agreement, by the court, will return.
Joanna Dominowska
Experienced divorce lawyer from Warsaw
