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Work is currently underway at the Ministry of Justice on a comprehensive reform of family law, one of the key aims of which is to strengthen the involvement of both parents in their child’s upbringing following a separation. The proposed measures are designed to bring current regulations into line with changing social realities and to enhance the protection of a child’s right to maintain lasting relationships with each parent.
Of particular interest is the concept of so-called ‘shared custody’, which envisages a more equal division of parental involvement in the day-to-day care of the child. The proposed provisions move away from the established model, under which, following a parental separation, the child usually lives permanently with one parent, whilst the other has contact on specific dates. Instead, the legislator is considering introducing measures to enable both parents to play a greater role in decision-making regarding the child’s life and in the day-to-day care of the child.
However, the proposed changes are sparking significant debate within the legal community. It has been pointed out that the new regulations should clearly define the criteria for the application of joint custody and take account of the diversity of family situations. Doubts have also been raised regarding the feasibility of applying this model in cases of deep conflict between parents, a lack of cooperation on matters concerning the child, or a significant distance between the parents’ places of residence. It is emphasised that the overriding criterion in each case should remain the best interests of the child, rather than the formal equality of the parents’ rights.
The planned reform forms part of a broader programme of changes aimed at streamlining the functioning of the family courts and increasing the effectiveness of proceedings concerning children. The new provisions are intended to lead to the faster resolution of family disputes, a reduction in the escalation of conflicts, and greater consideration of the needs of minors involved in proceedings.
Our legal team successfully handles family law cases, including those involving the care of the parties’ or participants’ minor children; for this reason, we are following the progress of the legislative process in this area with great interest.