- advice on the procedure for international child abduction
- submission of an application for an order for the return of a minor child
- representation in communication with the authorities
- communication with the Center for the International Legal Protection of Children and Youth
- communication with the foreign authority competent to accept the request for a return order
- drafting a return order
- representation in return proceedings
- urgent action in return proceedings
- restraining the parent in contact with the child
- disagreement of parents in deciding on the essential issues of the minor child
- drafting a decision to enforce the decision
- representation in the enforcement of decisions in return proceedings
- preparation of the Constitutional Complaint
WE SPECIALIZE IN FAMILY LAW AND FAMILY PROCEEDINGS, WE PROVIDE SERVICES IN THE TERRITORY OF THE SLOVAK REPUBLIC.
Parental abduction is the unauthorized transfer of a child by one of the parents from his place of residence, resp. from the place of habitual residence to another place in that State or to another State which is not the habitual residence of that child, without the consent of the other parent. When it comes to the wrongful transfer of a child to a state other than the state of the child’s habitual residence, we are talking about the international abduction of a minor child – abduction outside the state of the child’s habitual residence.
It is the fact that it is a question of moving a parent with a child without the consent of the other parent that the transfer of the child is unjustified. Child abduction is when the parent does not have the consent of the other parent or the consent of the child’s State of habitual residence to the transfer.
In case of international child abduction, courts are required to apply international treaties and EU law – the Hague Convention on Civil Aspects and International Child Abduction and Brussels II Regulation.
In return proceedings, it is time, it is necessary to act quickly, efficiently and adhere to several deadlines. Immediately after the abduction, an application must be made to order the return of the minor child to the competent central authority of the minor’s country of habitual residence.
It is in the best interests of the minor to return to his or her habitual residence, but there are legal exceptions where it is not possible to order the return of the child. The existence of these exceptions needs to be proved in the proceedings and the court will decide, as the case may be, in the best interests of the minor child – either order the child to return to the country of habitual residence or not order and stay the proceedings. In court proceedings for the return of a minor in the event of an unjustified transfer or detention, the court therefore decides whether the transfer or detention of the minor was unjustified and whether any of the grounds for not ordering the return of the minor are given.
As we have already mentioned, unauthorized transfer or detention is a long-term residence or transfer of a parent with a child without the consent of the other parent, resp. without the consent of the court of the child’s habitual residence. He shall have territorial jurisdiction over the return proceedings of a minor who has been wrongfully removed or detained:
- District Court Bratislava I for the districts of the Regional Court in Bratislava, the Regional Court in Trnava and the Regional Court in Nitra,
- Banská Bystrica District Court for the districts of the Regional Court in Banská Bystrica, the Regional Court in Žilina and the Regional Court in Trenčín,
- District Court Košice I for the districts of the Regional Court in Košice and the Regional Court in Prešov.
Unless there are grounds worthy of special consideration, the court will usually issue a decision within six weeks of the commencement of the proceedings.