Monitor Prawniczy

no. 14/2021

Costs of divorce proceedings (before the court of first instance) of the parents of a minor

DOI: 10.32027/MOP.21.14.3
Daniela Wybrańczyk
Autorka jest asystentem sędziego w XV Wydziale Wizytacyjnym Sądu Okręgowego w Katowicach; ORCID: 0000-0001-6961-5474.
Abstract

The article discusses the principles of covering the costs of divorce proceedings based on the analysis of its specificity. As part of the presentation of the principles, an attempt has been made to answer the question whether they are consistent with the superior principle of family law, namely the principle of protecting the best interests of the child. In addition, it has been examined whether the amount of individual fees and the level of expenses makes it impossible to initiate the divorce proceedings and whether it is not a barrier to taking evidence, which would also endanger the child's welfare.The issues related to the fees for the divorce application, exemption from court costs, and its withdrawal have been also addressed. The issues related to the costs of proceedings to secure claims, community interview and expert's opinion as well as how the need to cover these costs affects the situation of a minor of divorcing parents have been also presented.