Protection of the Welfare of the Child in Civil Proceedings – Privileges and Obligations Concerning the Minor in Non-Trial Proceedings

Abstract

The subject of the privileges and obligations of a minor in non-trial proceedings is still not sufficiently studied in the Polish procedural law doctrine. The protection of the welfare of the child, which should be embodied in the laws and the practice of justice, still requires numerous changes and refinements. The planned amendment to the Family and Guardianship Code and some other laws emphasizes the need for reforms in Polish legislation, proposing amendments to several legal acts in order to raise the standards of minors' participation in court procedures, strengthen their protection, including systemic protection from harm. The purpose of this paper is to collect and describe the main duties and rights of the child in non-trial proceedings, and to show how the cited regulations implement the protection of the child's welfare. Minors are participants in proceedings with special needs, so the justice system should be ready to accommodate them, providing them with decent conditions and taking into account their individual situation. On the basis of the analysis of the literature and case law in the field of civil procedure, civil law and family and guardianship law, certain deficiencies in the existing mechanisms were shown and the inadequacy of civil procedure institutions responsible for protecting the welfare of the child was exposed. Polish legislation requires such regulations that will allow the formation of a smoothly functioning system of protection of minors.