PROHIBITING THE PARENTS OF PERSONAL CONTACT WITH THE CHILD

The Supreme Court in its decision of November 7, 2000 in the case No. I CKN dealt with the issue of prohibiting a parent from personal contact with a child in connection with the deprivation of parental rights. The case concerned a father who had abandoned his child and had not contacted him in any way for 8 years. After this period, the father changed his mind and decided to renew contact with the child. The child’s mother brought an action against the child’s father for deprivation of parental rights and a ban on personal contact with the son. The court of first and second instance upheld the plaintiff’s claims. On the other hand, the Supreme Court, as a result of a cassation appeal brought by the defendant, revoked the ban on personal contact between father and son. According to the Supreme Court, the right to personal contact with a child is a completely separate issue from parental authority, therefore, the deprivation of this authority does not automatically entail the application of this prohibition. According to the thesis of the order: „Forbidding parents from personal contact with a child may be imposed exceptionally, e.g. when maintaining personal contacts between parents and a child threatens their life, health, safety or demoralizes the child” (quoted in the Resolution of the Supreme Court of 7.11.2000. , I CKN 1115/00, OSNC 2001, No. 3, item 50).