Abstrakt
Typically, an order to pay specific amount of money is an intermediate coercive mean of enforcement of non?pecuniary obligations (Articles 10501
, 10511 of the Code of Civil Procedure). In 2011, by virtue of amendment of the Code of Civil Procedure, a new proceeding (modeled on the French institution of astreinte) was introduced into the Polish civil procedure concerning enforcement of judgments on contacts with minors (Articles 59815?59821 of the Code of Civil Procedure). The new procedure consists of two stages. First, the guardianship court threatens the person with custody over a child (or a person who has the right of access to a child or a person prohibited from having access to a child) to order him to pay to
a person authorised to have access to the child (or, respectively, a person who has the right of access to a child or a person prohibited from having access to a child) a certain amount of money, and thereafter, the guardianship court orders the payment of the required amount of money. The purpose of the new procedure is to establish a coercive measure in the form of payment of amount of money in order to protect the rights (as the case may be) of a person who has custody of the child, a person who is entitled to access to a child or a person prohibited from having access to a child. The paper critically assess the new procedural regulation. In the author?s opinion, the new provisions ? contrary to the intent of the legislator ? do not grant the guardianship court the requisite flexibility that would allow to take into account facts of the specific case and the welfare of the child.