Divorce is most often a very difficult experience. Unfortunately, for many people it means not only the end of their life together, but also a struggle for the children. However, in the event of a breakup, it is worthwhile to show maturity and make the consequences of the separation of parents our children feel as little as possible. If possible, we should seek to reach an agreement on issues of parental authority, contact and alimony, so that the solutions adopted in this area are the result of our decisions and our own thoughts, and not the result of an arbitrary decision of the Court, often preceded by the opinion of expert specialists.
According to Article 58. para. 1 of the Family and Guardianship Code, in a judgment declaring divorce the court shall decide on parental authority over a joint minor child of both spouses and the parents' contact with the child, and shall decide in what amount each spouse is obliged to pay for the maintenance and upbringing of the child. Each of the above issues the spouses should try to discuss, taking into account first of all the welfare of the child and the fact that for proper development, the youngest needs close contacts with both mom and dad. Leaving the aforementioned elements to be decided by the court, should be a last resort and should occur in a situation where we are sure that an agreement satisfactory to both parties will not be reached.
The signing of a parenting agreement is a manifestation of the goodwill of each parent and the result of working together to amicably settle the issues affecting their minor children. It is also a signal to the court that, despite the separation and breakup of the marriage, the parents will be able to jointly and unanimously take care of the child, caring for the child's well-being and protecting him from conflicts, and thus unnecessary stress, which in the situation of family breakdown, can sometimes be destructive.
The parenting agreement should be in writing, resembling a simple contract. Although there are no specific guidelines as to its content, there are some basic areas of the parent-child relationship that should be included in it. These include parental authority and residence of the child, contact with the child, and often child support.
According to the law, parental authority is a set of rights and duties that parents have over their children. In exercising parental authority, parents should be guided first and foremost by the child's welfare and concern for the child's interests. In the event of separation, the exercise of parental authority is usually entrusted to the parent who will reside permanently with the child. The conclusion of a parenting agreement, however, provides an opportunity for parental authority to continue to be exercised to the same extent by both parents, who, by signing such a document, thereby declare that in matters concerning the child they are ready to seek compromises and joint solutions.
Parent-child contacts can be regulated in two ways: in some cases, taking into account the relationship between the parents, their lifestyles, the best solution will be to set appointments „on the fly” - depending on the capabilities of the parent and his professional commitments, the child's school obligations, etc. At other times, only a detailed definition of the days and times of meetings will avoid misunderstandings and facilitate the maintenance of a certain rhythm and a fixed schedule.
Separating spouses may also jointly determine the amount of alimony that one of them will pay for a minor child. According to Article 135 § 2 of the Family and Guardianship Code, the performance of the alimony obligation to a child who is not yet able to support himself or herself may consist in whole or in part in personal efforts to maintain or raise the entitled person. Accordingly, if one parent resides permanently with the child and is the child's primary caretaker, he or she may expect the other parent to bear the bulk of the child's expenses. When the dimension of each parent's care for the child is similar, the parties may share the child's living expenses half each. According to the current legislation, when calculating the amount of alimony, it is necessary to take into account the child's justified needs on the one hand, and the earning capacity of the parent obliged to pay alimony on the other.
A parenting agreement can define and describe many aspects and areas of a child's life. However, it is worth taking care to ensure that the document is clear and understandable, and that the way it is worded does not leave room for conjecture and different interpretations of individual formulations. It should be borne in mind that the parenting agreement is a kind of starting point and the basis for daily work on maintaining correct relations with the former spouse, for the sake of the proper development and sense of security of joint children.
