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Paper short abstract:

This paper is based on interviews with the judges from Polish family courts. The children separated from families are seen as vulnerable and passive. The position of the child vis-à-vis the court reveals the problematic position of children and professionals in the child support system.

Paper long abstract:

In Poland, in case of a severe crisis, each year thousands of children are separated from their first families by the decision of the court. Placement in foster care, withdrawal of parental rights, or adoption, are the procedures which deeply influence the children’s lives. Family courts are legal units where such decisions are being made, making judges essential actors in the complicated network of children’s support system.

This paper is based on in-depth interviews with 13 judges working in family courts in Poland, in which they expressed their views about their role and the position of children. They interpreted that their main role is defining the ‘right’ moment for intervention, and assessed adoption as the most positive, rewarding procedure performed by a family court. Although, according to them, children’s best interest is the main factor considered, their narratives revealed complicated, often contradictory interests, obligations and needs, shaping children’s situation. Moreover, children themselves are rarely consulted within the process, and only adults are in the position to influence the child’s situation. Children are presented as both vulnerable and passive. The judges stress their agentive role. However, they also see restrictions or even helplessness inscribed in their profession. The interviews reveal the lack of good communication between institutions responsible for the child’s situation, and institutional problems within the courts themselves and in broad legal system in Poland. The perspective of the family court judges on children in crisis reveals the problematic position of children and professionals in the child support system.