Abstract

Pursuant to Art. 98 § 1 of the Polish Family and Guardianship Code parents are the statutory representatives of a minor. If the child remains under parental authority of both parents, then, as a matter of principle, each of the parent may act individually as the child’s statutory representative. Exceptions to that rule derive from Art. 98 § 2(2) in conjunction with § 3 of the Family and Guardianship Code, whereby (among other exceptions) neither parent may represent the child in disputes between the child and a parent. In the Supreme Court’s resolution of 9 October 2020, III CZP 91/19, it was held that in a case to waive the maintenance obligation brought in by a parent who has been granted custody over the minor under a final and binding decision of a family court, the defendant minor should be represented by a guardian appointed by the family court rather than by the other parent whose parental authority has been limited to certain duties and rights.