WYCHOWANIE I KIEROWANIE W WARUNKACH PIECZY ZASTĘPCZEJ – ANALIZA STATUSU PRAWNEGO PODMIOTÓW ZAANGAŻOWANYCH W EDUKACJĘ DZIECKA RODZICÓW Z OGRANICZONĄ WŁADZĄ RODZICIELSKĄ

Abstract

This study investigates the issues of the relationship between parents and foster children of school age, as well as between the foster environment and the educational institution, in a position of family court interference with restricting the parental authority due to the threatened welfare of the child. The following research question was posed: what is the established legal relationship of entities involved in the education of a child? In order to resolve it, considerations were made based on a dogmatic and legal analysis, with regard to family and educational legal regulations. The concept of shared custody and the separation of parental right were examined on the basis of the article 112.1 of The Family and Guardianship Code. Based on that analysis, it is concluded that it is not always unambiguous to determine the legal rights and obligations with regard to the child. Furthermore, the resolute division of competences raises many doubts. In conclusion, it is necessary for the parents and the foster care representatives to cooperate in order to maintain child’s upbringing and education.