– judgment of the Constitutional Tribunal of 22 June 2022 - case file no.: SK 3/20

Pursuant to the cited judgment of the Constitutional Tribunal, the opinion of the child is not irrelevant for the continued accrual of monetary penalties for the improper performance or non-performance of parental contacts by the parent, since, to the extent that Article 59816 § 1 in conjunction with Article 59815 § 1 of the Code of Civil Procedure Act cover situations in which the improper performance or non-performance of parental duties is related to the child's behaviour not caused by the person under whose custody the minor remains, are inconsistent with Article 48(1), second sentence, and Article 72(3) of the Constitution of the Republic of Poland.

The indicated provisions of the Act should therefore not provide a basis for the imposition of fines in favour of a parent entitled to exercise parental contact with a child who does not wish to maintain contact with him or her. However, the child's opinion cannot be considered in isolation from the attitude of the other parent under whose custody the child remains. Indeed, his or her influence on the child's attitude will have the effect of further accruing fines.