The Family and Guardianship Code provides when divorce and legal separation can be ordered. Neither divorce nor legal separation is permissible if the welfare of the spouses’ minor children is harmed as a consequence. Rejection of a divorce application (or separation) for this reason is relatively rare, but it is possible.
The premise of the child’s well-being was commented, among others, by the Court of Appeal in Rzeszów in its judgment of 8 April 2010, reference number act: I ACa 83/10. This ruling emphasized that the condition in question is intended to protect the child against the negative effects of parents’ divorce, and is unable to protect him against the effects of the breakdown of marriage between them. The court should therefore determine whether the divorce decree will have more negative effects than those caused by the permanent distribution of intercourse between them (and often also by arguments). It is therefore necessary to answer the question why maintaining a dead marriage serves the good of the child.
There are of course situations in which the dismissal of a divorce application (or separation) is justified from the point of view of the child’s well-being. Most often, a child’s chronic illness is given here. Also, when the decay of life does not affect the child negatively (for example, the child does not know that something disturbing is happening, the parents behave correctly with him and in a sense pretend to be a loving family) divorce decree can have a negative impact on the good of the child. First of all, remember that each case should be assessed individually and all circumstances should be considered.