Emergency Child Custody

In family law, the principle of family autonomy applies, and parents are primary caretakers of their children. The state often leaves much of the decisions about custody up to the parents, unless there is abuse or other potentially dangerous behavior involved. Article 56 of the Constitution of the Republic of Slovenia stipulates that children enjoy special protection and care and at the same time, children whose parents do not take care of them, enjoy special state care.

The Family Code (FC) provides for an extreme measure – the removal of the child from the parents, in cases where the child is endangered at home and must be immediately removed from the environment. This is permissible only if no other measure can sufficiently protect the interests of the child (Article 156 of the FC) and only in justified cases.

In November 2020, the Supreme Court of the Republic of Slovenia The protocol of recommended conduct in case of execution of the decision on emergency child custody, in order to minimize the burden of traumatic experience. In this cases you need a lawyer for family law- like law firm – Odvetništvo Prus Pipuš from Slovenia.

The protocol of recommended conduct in case of execution of the decision on emergency child custody[1]

As the removal of a child from his parents in the process of enforcement is a severe and painful interference with the child’s life, it must be carried out humanely and with the utmost sensitivity. To this end, the Supreme Court of the Republic of Slovenia, in cooperation with the Ministry of Labor, Family, Social Affairs and Equal Opportunities, the Community of Social Work Centers, the Ministry of the Interior, the Ministry of Education, Science and Sport, the Ministry of Justice and the Chamber of Bailiffs of Slovenia adopted the Protocol containing non-binding recommendations.

[1] Protokol priporočenega ravnanja v primeru izvršitve odločbe o odvzemu otroka z neposredno izročitvijo: http://www.sodisce.si/mma_bin2.php?nid=2020112414371973&static_id=2020112414353174 (16.12.2020)

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