Putting children’s welfare first in parental kidnapping and parental abduction cases
Ładowanie...
Data wydania
2025
Autorzy
Tytuł czasopisma
ISSN
1689-8052
eISSN
2451-0807
Tytuł tomu
ISBN
eISBN
Wydawca
Oficyna Wydawnicza AFM Uniwersytetu Andrzeja Frycza Modrzewskiego w Krakowie
Abstrakt
Children missing as a result of parental kidnapping are a special group
of missing children. Very often services and institutions refuse to provide
assistance with the search, because parental kidnapping in Poland
is not a crime. Parental kidnapping is treated as a form of family internal
conflict that should be resolved without involving additional services.
In addition, there is a common belief that a child staying with one of
their parents is safe by definition. The reality, however, often ruthlessly
verifies the imagination. It all makes children vulnerable, especially in
high conflicted custody cases, when they are often used as a bargaining
chip.
The article discusses the problem of parental kidnapping cases in
Polish law with particular reference to the principle of the child’s welfare.
It presents the differences between parental kidnapping and parental
abduction. The latter is a crime under Article 211 of the Penal
Code. The question is, whether the parent whose parental authority
has not been limited, suspended or who has not been deprived of it
may become the offender in regard to the criminal offence from Article
211. However, above all, taking up the subject of parental kidnapping
and parental abduction cases, this is not about deciding which
of the parents is right. The overriding goal is to help the child whose
right to be with their parent has been unlawfully taken away, and bring
about the legal regulation of the child’s relationship with both parents.
In the paper the remedies and procedures against parental kidnapping
and parental abduction are presented, with particular emphasis
on family mediation. One of the key conclusions is that both parental
kidnapping and parental abduction are always a form of the abuse of parental authority, or even more broadly – parental responsibility. Under
no circumstances this ‘authority’ can be used in a way that is detrimental
to the child’s welfare.
Opis
Tematy
Słowa kluczowe
Źródło
Studia Prawnicze. Rozprawy i materiały 2025, nr 1, s. 357-376.