7 FAMILY LAW

I’m an excellent housekeeper. Every time I get a divorce, I keep the house.
Zsa Zsa Gabor – an American actress

KEY NOTES
Family Law is an area of civil law that deals with family-related issues such as
marriage, civil unions, domestic partnerships, adoption, surrogacy, child abuse,
divorce, annulment, property settlements, alimony and parental authority.
 READING Family law
Task 1. Before reading the text on Family Law discuss the following problems:
Do you think that:
t
grown-up children should be legally obliged to support elderly or disabled parents?
t
a woman who gets married should always keep her own name?
t
husbands and wives should own everything equally, regardless of who pays for it?
t
parents should be able to discipline their children in any way they see fit?
t
gay marriages should be allowed?
Family Law Principles
Special protection of the family unit stems(1) !"#$%&' both from the Constitution
and the Family and Guardianship Code of 1964. This principle can be considered (1) wywodzić się
both in terms of public and private law. In public law, the state is obliged to act in (2) wywołać,
the interests of the family unit in terms of both formal and material law. The court’s przywołać
jurisdiction may not only be evoked(2) ()*+,-#' through a lawsuit by a family (3) z urzędu
member !"#$%&'( !$)$*%+, but the court can, ex officio(3), .$-"/ +)0(12+,' (4) dobro
control certain aspects of family life, for example the exercise of parental authority
(5) utrzymanie,
,%-.)/0%&( 12-34.50'+. In terms of material law, the state is obliged to assist
families by applying appropriate regulations. The legislator does not define the term alimenty
‘family’ and therefore it is proposed that the term also includes an ‘informal’ family (6) bezbronny
unit in terms of regulations concerning the child, rather than those concerning the (7) polegać,
relations between parents. The above rule is implemented through the Family and (8) zawarcie
Guardianship Code of 1964 which obliges the couple to cooperate in ensuring family (9) rozwiązanie
welfare(4) !3$40$+' and stipulates maintenance(5) !%$(5#+5+5#"' as an obligation
(10) stwierdzać
of family members.
The principle of the 67'&8-9( :)&";.) !0<;5&8=( !:)&")%+/ and the equal rights
of children born both within and outside marriage stems from the Constitution,
the Family and Guardianship Code of 1964 and other acts. A child is considered a
vulnerable(6) !*645+7+8+4' person and, in the light of Polish legislation, is entitled to
full protection by all, but in particular by its relatives, the authorities and public and
private child welfare institutions. Under the Code of Civil Procedure, established on
17th November 1964 in all matters concerning a child, the court must either rely(7)
7()49(' on the opinion of an expert psychologist and counsellor, or is obliged to hear
the child out in all matters concerning that child.
According to the principle of the permanence of $;..';>) !$#.58?+ – marriage
is under state protection because the legislator has defined the formal and material
conditions for the conclusion(8) -+5)-4:;<+5', annulment and dissolution(9)
.=("+)4:;1+5' of the act of marriage. In the light of Polish law, a 8'@A.6) 85-@129+
may not be granted without ascertaining(10) .>"+)#$(5(?' a complete and permanent
breakdown in the economic, emotional and physical aspects of the marriage. The
legislator has provided for formal 9),;.;0'A/ B9),%-.)5<%/+ – a legal status that
may be applied when marriage ties have dissolved, but this state of affairs is not
necessarily permanent. After a certain period of time, the spouses may apply for a
divorce, or seek to overturn the separation and return to matrimony.

Unit 7
2 FAMILY LAW
The principle of equality of spouses in their relationship, and in relation to their
children, stems both from the Constitution and the Family and Guardianship Code of (11) władza
1964. This principle applies both to the personal and financial relationship between rodzicielska
spouses and to their rights and obligations towards their children, for example (12) przewidywać
in terms of parental authority(11) @+)7$5#+4/ AB)CD7(#2'. Polish law envisages(12) (13) obowiązek
(5)*(&(=<(&' freedom of financial arrangements, a maintenance obligation(13) alimentacyjny
!%$(5#+5+5#"/.D84()E$(1+5' of parents towards their children and equal rights of
(14) dziedziczenie
inheritance(14) (5)F$7(#+5#"'.
(15) świeckość
The principle of the secularity(15) ."$-G,)4>7+#2' of family law and competence of the (16) wyznanie
state authorities in deciding family matters states that a person’s outlook on life or
religious denomination(16) =(.5D%()5$(1+5' does not determine the legal position
in family relations and in the resolution of family disputes by the state authorities.

Task 2. Read the text above. What do you understand as being the role of:
t
an ex officio inspection
t
an expert psychologist
t
a formal separation
t
the principle of equality of spouses in relation to their children
t
secularity of family law
Task 3. Read the text again and complete the pairs with the missing word.
a) private / ............................. law
b) ............................. / material conditions
c) the conditions of ............................. / dissolution of marriage
d) ............................. / obligations towards the children
e) ............................. / financial relationship between spouses

Unit 7
FAMILY LAW 3
 INTEGRATED SKILLS & LANGUAGE CHECK
Task 1. Read the text below …
Great Indian Arranged Marriage!
The concept of a typical Southern Indian arranged marriage has always intrigued me. When parents are busy
looking for life partners for their children, they are entirely dependent on one sheet of paper - the horoscope.
Once horoscopes match and other criteria are met, the families meet, more importantly, a boy meets a girl. This
meeting lasts anywhere between an hour and a day (this happens if the both families are pretty liberal and the
boy and girl hit it off pretty well). Once this is done, the boy and the girl need to think(things(over and accept
or reject the proposal. The deadline for this is usually a day, two days if they are lucky.
Needless to say, I had my reservations about this system. But I knew arranged marriage was the best option...
given my dashing appearance and charming nature, finding a life partner on my own was pretty much ruled
out. So I signed up for this, hoping I would eventually trick some girl into saying yes. But yeah...whoever said
beggars can’t be choosers, needs to study the concept of the Great Indian Arranged Marriage. I got to write
down or make a list of the specifications regarding the type of girl I wanted to meet. My requirements were
simple - I wanted somebody with professional qualifications, and with interests in some extracurricular activity.
And I requested to be kept out of the process till both families were ready to meet each other...after this the
decision would be mine alone.
And that’s how I ended up meeting Varsha. I travelled to Coimbatore and we chatted for a couple of hours. I was
looking for somebody who was more outgoing than me... somebody who would not take life too seriously...
somebody more childlike in nature... somebody who was passionate about something in life... I realised that
Varsha was all this and more. And I said yes. More importantly - she said yes!!
So, I did trick somebody into saying yes....and on my first attempt! Now my days of bachelorhood are numbered.
Vethal Kuzhambu Blog: http://vethalkuzhambu.blogspot.com/

and try to find three arguments for and three arguments against this kind of marriage. Discuss them in
pairs or small groups.

Task 2. Listen to psychologist, Robert Epstein, a contributing editor to Scientific American

MIND magazine. What does he say about arranged marriages? Is he for or against them?

Unit 7
4 FAMILY LAW
Task 3. Read people’s opinions from the Internet forum; which one(s) do you agree with?

PatrickQuante at 07:15 PM on 04/03/10

Forced marriage is not true love... You could give me 100 studies about love and I would tell you the same thing. You
can only find your true love.
janat at 05:09 PM on 04/10/10
i’m not really sure if love marriage works better than arrange marriages . my parents had arrange marriage and it
seems like it is the best choice but i also think love marriage is not a bad idea either as long as both partners are there
for each other and love one another. That is what really matters!
candide at 12:22 PM on 03/11/10
Any marriage is a crapshoot*.
grizzlybowman at 07:17 PM on 03/11/10
Forced marriages are unethical and it doesn’t matter how hard you try to make the Muslims’ arranged marriages look
good, they’re still wrong to the core.

Task 4. Read the text again and match the highlighted phrasal verbs with their meanings given below.
1. to meet somebody for the first time and like each other
2. to consider a problem or decision carefully
3. to search for someone or something, want to find
4. not to become a part of something
5. finally be or do something

Unit 7
*(informal) a situation in which you do not know what will happen FAMILY LAW 5
 SPEAKING
Task 1. Look at the sentences below. Mark them in the following way:
If you agree
x If you disagree
? If you partly agree and partly disagree
1. Homosexual couples should not be allowed to adopt children.
2. Adopted children should have a right to know who their birth parents are.
3. Online adoption services (online services helping pregnant women find families who would adopt
their baby) are a great idea.
4. Mothers look after children much better than fathers, so in the case of divorce, children should
always stay with the mother.
5. Getting a divorce should be made more difficult (e.g. a couple who want to a divorce should take
part in compulsory counselling for six months before a decision is taken)
6. The child should decide if s/he wants to live with either the mother or the father.

Task 2. Compare your answers in pairs and small groups.

Unit 7
6 FAMILY LAW
VOCABULARY WORK Divorce glossary1
Task1. Match the terms with the definitions given below.
Alimony Child support Custody Defendant
Dissolution Domestic violence Legal custody Plaintiff
Marital property Spousal support or maintenance Non-marital property Mediation
Settlement conference Premarital / Prenuptial agreement Visitation

1. The person against whom legal papers are filed, also sometimes referred to as the respondent.
2. Another word for divorce, which is the legal termination of a marriage relationship.
3. Financial payments made to help support a spouse or former spouse during separation or following
divorce. Also called spousal support or spousal maintenance.
4. Money that a non-custodial parent pays to the custodial parent for their child(ren)’s support.
5. Generally, property owned by either spouse prior to marriage or acquired by them individually,
such as by gift or inheritance, during the marriage.
6. The person who initiates legal proceedings, often called the petitioner in family law matters.
7. Having rights to your child. It can be either legal, which means that you have the right to make
important decisions about your child’s welfare, or physical, which means that the child lives with
and is raised by you.
8. A meeting at which the parties and their lawyers attempt to settle the case before trial, often
ordered by the court.
9. Financial payments made to help support a spouse or former spouse during separation or following
divorce. Also called alimony.
10. Physical abuse or threats of abuse occurring between members of the same household.
11. The right to make important decisions about the raising of your child, on issues such as health care,
religious upbringing, education, etc.
12. Generally, all property acquired during the marriage.
13. A form of alternative dispute resolution (ADR) for resolving legal disputes without going to trial, by
the use of a trained and impartial third party who attempts to bring the parties together in mutual
agreement.
14. An agreement entered into before marriage that sets forth each party’s rights and responsibilities
should the marriage terminate by death or divorce.
15. The time that a non-custodial parent spends with his or her child(ren).

Task 2. What are their Polish equivalents?

Unit 7
1 Divorce Glossary: http://family.findlaw.com/divorce/divorce-decision/divorce-glossary.html FAMILY LAW 7
 EXTRA PRACTICE CORNER
The Family and Guardianship Code (1964) - unofficial translation.

Task 1. Read the articles and answer the questions below:

Which article(s) say(s):
a) that children should listen to their parents
b) what happens when one of the parents dies
c) how long parents are responsible for a child
d) what parents’ obligations towards children are.
Art. 92.
Until it comes of age, a child remains under parental authority.
Art. 93. 
§ 1. Parental authority belongs to both parents.
§ 2. If the child’s welfare requires it, in its decree on the child’s parentage, the court may suspend or limit the
parental authority of one or both parents, or deprive either of them of this authority. Art. 107 and Art. 109-111
apply.
Art. 94. 
§ 1.  If one of the parents is dead or does not have full legal capacity, the parental authority passes to the other
parent. The same applies if one parent has been deprived of parental authority or if their parental authority
is suspended.
§ 3. If neither of the child’s parents is entitled to hold parental authority or if the parents are unknown, the child
is taken into care.
Art. 95. 
§ 1. Parental authority encompasses, in particular, the duty and the right of the parents to care for the child and its
assets and to bring it up respecting its rights and dignity.
§ 2. A child under parental authority should obey his/her parents and in matters where a child can make a decision
and declare its will, it ought to listen to the opinion and advice of the parents given in the child’s best interests.
§ 3. Parental authority should be exercised in the best interests of the child and society.
§ 4. Before reaching a major decision concerning the child or its property, the parents ought to listen to the child if
its age, mental development and maturity allow this and, if possible, should respect its wishes.
Art. 96.
§ 1. The parents role is to bring up the child in their care and to provide it with direction. - They are required to
take care of the child’s physical and spiritual development and prepare the child well for future work in society
in line with the child’s abilities.
§ 2. Parents who have no full legal capacity, participate in the everyday care of the child and in its upbringing,
unless the Family Court, acting in the child’s best interests, decides otherwise. Art. 97. § 1. If both parents hold
parental authority, each is obliged and enabled to exercise this authority
§ 3.  The parents jointly decide on crucial matters concerning the child; if there is no agreement between them, the
decision is made by the family court.

Unit 7
8 FAMILY LAW
Task 3. Read the articles below and find the words which mean:
a) far away ......................................
b) to prohibit (two words) ...................................... ......................................
c) where you live at a particular time ......................................
d) the health and happiness of somebody ......................................
e) the people who have looked after the child for a period of time and are not blood related
...................................... ......................................
The Family and Guardianship Code (1964)
Art. 113.
 § 1. Regardless of parental authority, the parents and their child have a right and a duty to maintain contact.
§ 2. Contact with the child includes primarily being physically together with the child (visits, meetings, days out)
and direct communication, correspondence and other means of remote contact, including electronic means.
Art. 1131. 
§ 1. If one parent has custody of the child, the parents jointly determine the means of contact with the child with
regard to the child’s welfare and considering the child’s reasonable wishes; if no such agreement can be
reached, the decision is made by the Family Court.
§ 2.  § 1 also applies when the child does not live with either of its parents and is looked after by a carer or placed
with a foster family or in a children’s home.
Art. 1132.
§ 1. If the child’s welfare requires it, the Family Court will limit its contact with the parents.
§ 2. The Family Court may, in particular:
1) forbid contact with the child,
2) forbid taking the child away from its permanent abode,
!""#$$%&"'(()*+,-"&*).").("/.*$0"%+$1"*+").("23(-(+/("%4").("%).(3"2#3(+)"%3"/#3(35"23%6#)*%+"%47"/(3"%3"#+%).(3"
person appointed by the court.
8!"$*'*)"/%+)#/)")%"-2(/*7"(0"'(#+-"%4"3('%)("/%''9+*/#)*%+5
5) forbid remote contact.
Art. 1133. 
If the child’s welfare is compromised or threatened by contact with the parents, the court will ban such contact.
Art. 1134. 
When deciding on contact with the child, the family court may order certain parental conduct, in particular, direct
them to centres or specialists offering family therapy, advice or any other help, at the same time indicating control
measures to ensure compliance.

Unit 7
FAMILY LAW 9
 PROBLEM!!! A costly divorce
Background
Marek M and Anna M have been married for twenty years and they have a ten year old daughter Joanna and a
fifteen year old son Adam. They own a property outside Warsaw, which is worth 1,500,000 PLN. They each own
a class C Mercedes. As the marriage had been ailing for years, they decided to get divorced without attributing
fault to either party. Marek M filed for divorce at a district court and additionally proposed that his wife should
have custody of the children and agreed that he would pay 1,000 PLN child maintenance per child per month.
After reading the divorce petition, Anna M decided that the proposed sum for child maintenance was absurdly
low, considering that Marek M has an income of 10,000 PLN per month through his contract of employment
with company X; he also has an additional income of about 5,000 PLN from lectures. Anna M said that she would
like Marek to pay half of his income in child maintenance. During the court case Marek M. declared that his wife
also earns 10,000 PLN. In addition, his lectures were based on a temporary contract and that this income was far
from certain - therefore he did not intend to pay such a high sum in child maintenance. He also said that his wife
is a spendthrift and that the money would be spent on her, rather than the children. Anna M. declared that the
children attend a private school, participate in extra classes, have holidays abroad several times a year and that
their standard of life should not be affected by the divorce.

Glossary
ail (v.) !)5%&+
custody (n.) !CD90%8'+
maintenance (n.) !$)5/0%/%/09+
spendthrift (n.) !9,)/83.5"0+
to suffer
the legal right to look after a child
a payment made by one person for the support of another
someone who spends money carelessly

Read the text above and discuss the questions in groups:

1. What circumstances should the court examine in divorce proceedings to establish the amount of
child maintenance?
2. When determining child maintenance, is it reasonable for the court to decide that the children’s
trips abroad are a luxury which should not affect the amount of child maintenance?
3. Should the fact that Marek’s lectures are based on a temporary contract, which may not continue,
be considered by the court when deciding Marek’s earning capacity?

Unit 7
10 FAMILY LAW
SPEAKING Discussion
Work in groups. Discuss the issues below. A different person should lead the discussion of each
issue.

1. How do you evaluate a proposed amendment to the Family and Guardianship Code which would allow the
court to decide that after a divorce, the child should live for four days a week with the mother and for three
days with the father (or vice versa)? Is this likely to have regard for the child’s welfare? Would the child have
better stability if it were to live with one parent and to grow up in the same environment?
2. The institution of surrogate mothers has not been regulated in Poland. Do you think that a legal agreement
can oblige someone to become pregnant to carry a child on behalf of someone else, and then be dissolved
after the child is born? In other words, can a woman decide to keep the child after she had declared she
would hand it over? Would she then be able to demand child maintenance from the donor? Do we need
regulations prohibiting surrogate motherhood or not? Or perhaps the rights and obligations of parties to
such an agreement should be legally regulated, without the possibility of breaking the terms of the contract?
3. How would you evaluate the adoptive capacity of a single person? Should a single person be allowed to
adopt a child? Should such a person be evaluated according to the same criteria as a married couple? How
would you judge a situation in which a person in a single sex relationship, conceals this fact and declares
themselves single, adopts a child and only some time later brings the child to live and be brought up in a gay
relationship? Should it be possible to declare an adoption of this kind invalid?
4. In the light of Polish law, the spouse who has been declared solely responsible for the breakdown of marriage
has to face the possibility that the other party may, at any time after the divorce, demand alimony payment
(unless the spouse who was declared as ‘not at fault’ marries again). What do you think of this legal solution?

Glossary
capacity (n.) C%-,#9%0'+ the ability to do something
conceal (v.) C%/-9'E&+ not to tell anybody
donor (n.) !8%F/%+ someone who gives blood or tissue or an organ to be used in
another person
surrogate mother (n.)( !9D.%>%0(!$DG%+ a woman who gives birth to a baby for another woman who
cannot have children

Unit 7
FAMILY LAW 11
 CHECK YOUR PROGRESS
I. Put each of the following words and phrases into its correct place in the passage below.

applicable financial guarantees law parenthood

privacy spouses status treaty values

The sources of Family Law

The source of family law lies in the Polish Constitution of 2nd April 1997. The Constitution recognises marriage,
motherhood, 1) ........................ and the family as 2) ........................ in their own right, unconditionally protected
by 3) ......................... The Constitution also contains 4) ........................ protecting family autonomy, for example in
relations between children and parents, protection of 5) ........................ and respect for family life (child’s welfare
is emphasized as being part of family welfare).
The Family and Guardianship Code of 1964 is a fundamental legal act governing 6) ........................ and other
relationships between 7) ........................, parents and children and guardianship (custody) issues. Another
noteworthy act, particularly in the domain of family law, is the Act of 29 September 1986 – the law on marital
8) ......................... International legal regulations are also 9) ........................ in Poland, in particular the European
Convention on the Adoption of Children 27.04.1967, which was amended in 2008 and is open for signature by
the member states of the European Council as a new 10) .........................

II. Underline the word that is different. Say why.

1. husband sibling spouse
2. custody maintenance support
3. annulment dissolution divorce
4. premarital prenuptial spousal

III. PREPOSITIONS. Complete the gaps with an appropriate preposition.

after by (3x) from in (2x) of to with

The Family and Guardianship Code (1964)

Art. 113. § 1.  Regardless 1) ........................ parental authority, the parents and their child have a right and a duty
to maintain contact. (…)
Art. 1131. § 1. If one parent has the custody of the child, the parents jointly determine the means of contact with
the child 2) ........................ regard to a child’s welfare and considering the child’s reasonable wishes; if no such
agreement can be reached, the decision is made 3) ........................ the family court.

Unit 7
12 FAMILY LAW
§ 2.  § 1. also applies when the child does not live with either of its parents and is looked 4) ........................ by a
carer or placed with a foster family or in a children’s home.
Art. 1132. § 1. If the child’s welfare requires it, the family court will limit its contact with the parents.
§ 2. The Family court may 5) ........................ particular:
1. forbid contact with the child,
2. forbid taking the child away 6) .............. its permanent abode,
3. #$$%&"'(()*+,-"&*).").("/.*$0"%+$1":!";;;;;;;;;;;;;;").("23(-(+/("%4").("%).(3"2#3(+)"%3"/#3(35"23%6#)*%+"%47"/(3"%3"
another person appointed 8) .............. the court.
4. $*'*)"/%+)#/)"<!";;;;;;;;;;;;;;"-2(/*7"(0"'(#+-"%4"3('%)("/%''9+*/#)*%+5
5. forbid remote contact.
Art. 1133.  If the child’s welfare is compromised or threatened 10) .............. contact with the parents, the court will
ban such contact.

IV. Match the two columns to form the expressions.

1. foster a) custody
2. civil b) maintenance
3. online c) authority
4. child d) mother
5. domestic e) violence
6. spousal f) family
7. parental g) property
8. surrogate h) agreement
9. marital i) unions
10. prenuptial j) adoption

V. Order the letters to form the words for the definitions:

1. the right of a divorced parent to visit children who live with the other parent aiiionttvs
2. a decision by a husband and wife not to live together aaeionpstr
3. the process of officially ending a marriage or other legal agreement iiooudltssn
4. money that you pay to your ex-wife or ex-husband to help her or him
and your children after you are divorced aaeeimnnntc
5. the process of making a child legally part of your family, or an instance of this aioodnpt

Unit 7
FAMILY LAW 13
 VOCABULARY BANK:
adoption +)=D@15' motherhood !%6I+F,='
alimony !>4H%+52' online adoption !D549H5/+)=D@1+5'
annulment +)564%+5#' parental authority/responsibility
child abuse !#19(4=/+)8G:;"' @+)7$5#+4/AB)CD7H#2'(H( 7H."@D5#"+)8H4+#2'
child support !#19(4=/"+)@AB#' parenthood !@$+7 5#F,='
child welfare !#19(4=/!3$40$+' premarital agreement .@72;)%>7H#+4/+)E72;%+5#'
civil union !"H*H4/!G:;52/+5' prenuptial agreement .@72;)56@1+4/+)E72;%+5#'
custody !-6"#+=2' separation ."$@+)7$H1+5'
dissolution .=H"+)4:;1+5' spousal support !"@9,&+4/"+)@AB#'
divorce =H)*AB"' maintenance !%$H5# 5+5#"'
domestic violence =+)%$"#H-/!*9H+4+5#"' spouse !"@9,"'
foster family !0D"#+/!0>% 42' surrogacy !"67+E+#"2'
maintenance !%$H5# 5+5#"' surrogate mother !"67+E+#/!%6I+'
marriage !%>7H=<' visitation .*H&H)#$H1+5'

PREPOSITION AND COLLOCATION BANK

a divorce may not be granted
it contradicts the rules of community co-existence.
the court may suspend/ limit/ the parental authority of one or both parents
a child remaining in the custody of its parents
permanent abode
control measures to ensure compliance
maintenance duty expires if the spouse receiving payments marries again
the court may entrust parental authority solely to one spouse
the divorcee who was not found to be at fault
discharge the maintenance duty

Unit 7
14 FAMILY LAW