Principles for the Protection of Children and Minors

1. Nature of these principles

This document is an internal WILIŃSKI LEGAL standard concerning contact with minors in connection with family matters and mediation. It is not a declaration that the Firm falls within every category of entities statutorily required to implement child-protection standards. Where such an obligation arises in a particular activity, the statutory requirements applicable to that activity are also followed.

2. The child's welfare

When organising activities in which a child may participate, we take account of the child's safety, age, maturity, emotional state and the need to limit exposure to adult conflict.

3. A child is not a messenger or an arbitrator

We do not encourage parents to use a child to pass on procedural information, settlement proposals, assessments of the other parent or demands relating to the dispute. A child should not be placed in a position of choosing the “better” parent or made responsible for the outcome of proceedings.

4. Direct contact with a child

A direct conversation with a minor takes place only where it is necessary, legally permissible and appropriate from the perspective of the child's welfare. The scope and form of the conversation should be adapted to the child's age and maturity. Depending on the situation, the presence or consent of a legal representative may be required, or specific rules arising from court or mediation proceedings may apply.

5. Family mediation

In mediation, a child is not a party to negotiations between parents. Where the child's perspective is included, this should serve to understand the child's needs better, not to obtain an argument against the other parent. The decision on the form of the child's involvement requires an assessment of appropriateness and safety.

6. The child's privacy

We limit data concerning a child to information needed for the matter. We do not publish a child's data, image or story in Firm materials without an appropriate legal basis. Documents containing minors' data require particular care when transmitted or shared.

7. Recordings and image

Meetings with a child should not be recorded by participants without a clear legal basis, prior agreement and an assessment of the impact of the recording on the child. A child's image is not used for promotional purposes connected with the matter.

8. Unacceptable conduct

Unacceptable conduct includes, in particular, violence, humiliation, intimidation, discrimination, sexualisation, pressure on the content of a child's statement, promising a particular outcome, placing responsibility for adult decisions on the child and private contact unrelated to a justified professional purpose.

9. Indication that a child's welfare may be at risk

If, in connection with our work, credible information emerges that may indicate a threat to a child's life, health, safety or welfare, the situation is assessed with due regard to applicable law, professional duties, professional secrecy and available legal protective measures.

10. Reporting concerns

A concern about the treatment of a child or the organisation of an activity involving a minor may be reported to adwokat@tomaszwilinski.eu. The report is treated with appropriate confidentiality and analysed with the child's safety in mind.