Executing contacts with a minor – selected issues

The article addresses the issue of implementing contacts with a minor. According to the amendment of May 26, 2011 which entered into force on August 13, 2011, the provisions of the Art. 598₁₅–598₁₆ regarding the issue of executing contacts with a child were introduced to the Polish Civil Procedure. However, the Constitutional Tribunal in its judgment of June 22, 2022 (SK 3/20, Legalis) stated that the art. 598₁₆ § 1 with the regard to the art. 598₁₅ § 1 of the Act of November 17, 1964 – Code of Civil Procedure (Dz. U. z 2021 r. poz. 1805, ze zm.) in the scope that they cover some situations when improper execution or non-execution of duties is related to the particular behavior of a child and is not caused by the child’s custodian, are inconsistent with the art. 48 section 1, second sentence as well as with the art. 72 section 3 of the Constitution of the Republic of Poland. The purpose of this article is to indicate, among other things, the effects of the Constitutional Tribunal’s ruling of 22.06.2022 on the process of implementing contacts with a minor. The article discusses the procedure for implementing contacts with a minor and analyzes the content of the Constitutional Tribunal’s ruling of 22.06.2022. The article draws attention not only to legal but also psychological issues related to implementing contacts with a child, emphasizing the importance of the welfare of minors.