The Court of Appeal in Warsaw, in its judgment of September 15, 2020, specified the obligations of courts with regard to the elements of the divorce judgment
According to the court, „contained in Art. 58 § 1 k.r.o. the term „the court takes into account the written agreement of the spouses” does not mean that the court has been released from the obligation to cover all matters relating to the family listed in Art. 58 § 1. k.r.o. A joint application of the divorcing spouses may not be allowed to fail to resolve these issues ”. This means that the court must always adjudicate on parental authority over the common minor child of both spouses and on the parents’ contacts with the child, and the amount in which each spouse is obliged to bear the costs of maintaining and bringing up the child. “On the other hand, it is unacceptable to refer to the content of the agreement as a specific annex. Even if the agreement is deemed to be authoritative for the manner of exercising parental responsibility and contacts with the child, the court should transfer its content to the operative part of the judgment. The agreement cannot be treated as a settlement, and therefore cannot lead to the discontinuation of proceedings in this respect and does not constitute an enforcement order. Such a title is a court decision subject to compulsory execution, and therefore it is necessary to precisely specify the rights and obligations of each parent. „