Personnel execution or enforcement of a decision in matters of minors comes into play in four basic types of decisions:
- a decision regulating the care of a minor
- a decision regulating contact with a minor
- a decision imposing a non-pecuniary obligation in relation to a minor
- decision in proceedings on the return of a minor abroad in the event of unauthorized transfer or detention – return proceedings in cases of child abduction by a parent without the consent of the other parent, resp. without the consent of the competent court
The above types of decisions are the so-called execution title.
If the obligated parent does not voluntarily comply with what the enforceable title imposes on him, the person who is entitled to performance from the obligated parent as an eligible parent may apply to the court for an enforcement order.
This is most often the case when the application is made by a father who is not allowed to have contact with the child, a mother whose father has not given the child away under a custody decision, the father of the minor seeking contact with the child, or the transfer in the case of transferring the child to the care of the parent. An application for enforcement of a decision may also be filed by the mother, whose hands are to be paid maintenance for a minor child, who submits an application for enforcement as the child’s legal representative.
Enforcement proceedings consist of two stages of proceedings. The first stage is the court’s decision that enforcement will take place – the court will issue a resolution ordering enforcement. The second phase is the actual execution of the decision.
Enforcement may take place as soon as the enforcement order has been issued. Enforcement of the decision is not precluded by the fact that the order ordering the enforcement of the decision was not delivered to the participants.
If the parent refuses to respect the court decision, does not bring the child into contact, prevents the minor child from contacting the other parent or otherwise obstructs the court’s decision, he or she faces the following sanctions as legal consequences of non-compliance:
- fine up to 1000 Euros, even repeatedly
- suspension of payment of parental allowance, child allowance, allowance
- the obligated parent will bear the costs of enforcing the decision
- the court may change the court decision to its detriment
- Perhaps the most serious consequence is also the possibility for the court to change the decision on personal child care on a motion. A parent who does not comply with the court’s decision risks that this decision on the minor will be changed to his or her detriment. Obstructing the enforcement of a court decision or a court-approved agreement on the upbringing of minors is also a criminal offense.
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