The Scope of the Duty of the Custodian, as Defined in a Court Settlement or Court Order on the Maintenance of Contact with the Child by the Authorized Person in the Case Law of the Supreme Court as an Expression of the Implementation of the Principle iustitia Est Constans et Perpetua Voluntas Ius Suum Cuique Tribuendi

Abstract

The Code of Civil Procedure contains rules on the conduct of established contact with a child, which have changed significantly as a result of the amendment made in 2011. Despite this new regulation, in court practice there are numerous disputes arising from a situation where a person with custody of a child takes measures to prevent contact with the child by a person authorized to have contact with the child in the manner established by a court decision or settlement. Undoubtedly, this problem has also been noticed in the judicial practice of the Supreme Court. The purpose of this paper is to provide an in-depth analysis of this issue of great social and practical importance.