The
Central Authority for the Slovak Republic under the Hague Convention on
the Civil Aspects of International Child Abduction is the Centrum pre
medzinárodno-právnu ochranu detí a mládeze (Centre for International
Legal Protection of Children and Youth), Spitálska 6, P.O. Box 57, 814
99 Bratislava. Answers of the Slovak Republic to Hague Conference Questionnaire Legislation and Court Orders 1.
Please give details of any civil legislative provisions which exist in
your State which may act as a deterrent to a potential abductor, or
may have a preventive effect. 2.
Please give details of any criminal legislative provisions which exist
in your State which may act as a deterrent to a potential abductor, or
may have a preventive effect. The
abduction of a child may qualify as criminal offence if the child was
taken from the custodial parent. This would not qualify as an abduction
if the issue of custody was not settled (as long as both parents have
equal legal positions). In such a case the person(parent) could be
prosecuted for the violation of other persons rights, but solely if
such action was based on lying to the victim. 3.
Please give details of any court orders which can be obtained during,
for example, divorce or custody proceedings which prohibit, restrict or
criminalise removal or retention of a child. There
are no such orders available in our system. Since such orders are not
specifically foreseen by law, they would be unconstitutional if imposed
by the courts. Again, the same applies as in answer to question 2. 4.
Please give details of any court orders which can be obtained in
emergency situations. Can these orders be obtained out-of-hours and ex parte? The court may issue so called temporary measures. In cases of care for minor children such measures can be taken ex officio. They are taken ex parte, but cannot be obtained out-of-hours. Under
the draft amendment in preparation the court will be obliged to issue
such measure relating to a child within 48 hours (the shortest time
limit), in other cases the court has 7 days to render a decision. At
the moment the deadline for the court is 30 days. 5. Do you have any comments relating to relocation orders? They are unknown in our legal system. 6.
Do you have any other comments relating to legislative provisions,
court orders or administrative measures including any comments on the
effectiveness of these provisions, and how often they are used in
practice? The
present legal system in family law and procedure relating thereto still
heavily reflects the provisions of the previous political regime where
the system worked, mostly on the basis of administrative measures. The
decision making by administrative authorities in such cases has now
become problematic and the decision making is shifting towards the
courts. Yet, the court system and procedure are not well adapted to the
changing expectations and new practical problems which did not exist a
couple of years ago. The
Hague Convention on the Civil Aspects of International Child Abduction
was signed by the Slovak Republic on December 28, 1992. It was approved
by Parliament and ratified, and the instrument of ratification was
deposited with the government of the Kingdom of the Netherlands on
November 7, 2000, with the reservation according to article 42 of the
Convention, that the Slovak Republic will not be bound to assume any
costs referred to in article 26, paragraph 2, of the Convention,
resulting from the participation of legal counsel or advisers or from
Slovak court proceedings, except insofar as those costs may be covered
by its legal system of legal aid and advice. The Convention entered in
force for the Slovak Republic on February 1, 2001. I. Domestic Laws and Regulations Implementing the Hague Convention In
accordance with article 6, paragraph 1, the Slovak Republic has
designated as the Central Authority, the Center for International Legal
Protection of Children and Youth, Spitalska 6, Bratislava, Slovak
Republic. The Center renders free legal aid to applicants in
proceedings under the Convention before Slovak courts. According to the
Constitution of the Slovak Republic, the Convention became part of the
legal order of the Republic upon its approval by Parliament, its
ratification, and its publication; the courts will apply it whenever
called upon. II. Domestic Laws Regarding Child Abduction and Parental Visitation A. Child Abduction For
a decision relating to the wrongful removal and retention of a child,
the competent court is the district court where the child resides by
parental agreement, decision of the court, or any other reason. This
court is also competent in proceedings under the Hague Convention. The
proceedings are governed by the provisions of the Code of Civil
Procedure. Child abduction may be prosecuted under article 216
(Abduction) of the Criminal Code, which provides that whosoever takes
away a child (a person under 18) from the care of the person who has
custody of him will be punished by a fine or imprisonment of up to 3
years. A parent who, for example, takes a child abroad against the will
of the other parent, pretending that it is only an excursion may be
prosecuted under article 209 (Abuse of rights of others) of the
Criminal Code. The punishment is a fine or imprisonment of up to 2 years. B. Parental Visitation For
a decision relating to parental visitation, the competent court is the
district court of the place where the child resides by parental
agreement, decision of court, or any other reason. This
court is also competent in proceedings under the Hague Convention. The
proceedings are governed by provisions of the Code of Civil Procedure. III. Court System and Structure Courts Handling the Hague Convention General trial courts in civil matters are the District courts; one is located in each territorial district. Appeals against their decisions go to the Regional courts, which also have specified trial jurisdiction. Further
appeal against decisions of the Regional courts, as a court of appeal,
goes to the Supreme Court, as well as appeals against their decisions
in their trial jurisdiction. A further appeal against decisions of the
Supreme Court, as a court of appeal for the decisions of the Regional
courts, goes to another Senate of the Supreme Court. Trial courts in
child-return proceedings, visitation, and enforcement of related orders
under domestic Slovak law, as well under the Hague Convention, are the
District courts. In
criminal matters, the structure is identical; however, because the
Supreme Court, as a court of last instance, deals only with petitions
alleging violation of law by lower courts and prosecutors, the Supreme
Court in the exercise of its appellate jurisdiction is the final court
of appeal. IV. Law Enforcement System The
District courts enforce their decisions. They are immediately
enforceable. With regard to decisions relating to child return,
visitation, and related matters, the court may first request the
obligated party to carry out the court decision voluntarily and call
upon the pertinent municipal or district office of Legal Protection of
Children for its assistance. If there is no result, the court may
impose successive fines of 2000 crowns each (US$1= 33 crowns) on the
obligated party. Acting in cooperation with the above referred to
offices, the court may order the immediate enforcement of its decision
by the proper state organs (court bailiffs and the police). The court
acts appropriately according to the circumstances of the case. The
court applies the same rules in proceedings under the Hague Convention. V. Legal Assistance Programs General
care and protection of children, both socially and legally, are
regulated by chapter 2 of the Family Code and are entrusted to the
Office of Legal Protection of Children within the regional, the
district, and municipal administration created by social security
legislation. The Office supervises the healthy development of children
and their education and protects their legitimate interests, including
property interests. Any person may contact the office in these matters
and request assistance. The Office cooperates with the Center for
International Legal Protection of Children and Youth. VI. Conclusion The
Slovak Republic is in full compliance with the Hague Convention. The
compliance is insured by the Central Authority of the Slovak Republic, the Center for International Legal Protection of Children and Youth,
which holds the power of implementation and which exercises its legal
powers on behalf of the Ministry of Justice in matters pertaining to
the Convention.
