Gloss to the resolution of the Supreme Court of April 13, 2022, III CZP 76/22

Abstract

The subject of the publication is an analysis of the resolution of the Supreme Court of April 13, 2022, III CZP 76/22, in which the Court considered it admissible to threaten “the person authorized to contact the child by ordering payment of a specific sum of money to the person under whose custody the child remains for the failure to implement (Art. 59815 § 2 of the Code of Civil Procedure) also in situation when the settlement uses the term that the entitled person has the right to contact with the child, and omits the obligation to perform agreed upon contacts, which is the equivalent of the law.” The author responded positively to the position of the Supreme Court expressed in the resolution. The author then presented arguments in favor of the accuracy of the thesis formulated by the Supreme Court.