Pregledni rad
https://doi.org/10.30925/zpfsr.42.1.9
THE RIGHT TO BE HEARD AND TO EXPRESS OPINION IN SPECIAL ENFORCEMENT PROCEEDINGS FOR THE RETURN OF THE CHILD AND THE ESTABLISHMENT OF PERSONAL RELATION WITH THE CHILD
Katarina Knol Radoja
orcid.org/0000-0003-0275-3076
; Sveučilište J. J. Strossmayer u Osijeku, Pravni fakultet, Osijek, Hrvatska
Sažetak
In this paper we have analyzed the international regulations and case law of the European Court of Human Rights and the Court of Justice of the European Union and the provisions of the Croatian Family Law regarding the right to be heard and express the opinion of a child in enforcement proceedings for the return of the child and the establishment of personal relation with the child. According to this Act, in the procedure for the return of the child, the court may, before determining the means of enforcement, hear the person against whom enforcement is being carried out. Concerning the child’s right to express an opinion in these proceedings, it is prescribed that the court may, given the circumstances of the case during the enforcement proceedings, refer the child for an interview with an expert. On the other hand, in the enforcement procedure to establish personal relations with the child, the court is obliged to schedule a hearing before issuing a decision at which it will personally hear the parties establish the facts
and assess all circumstances and is obliged to allow the child to express an opinion. In conclusion, it is stated that enforcement proceedings, especially due to their nature (personal and emotional), should be urgent and as simple as possible. During their implementation, the child, as well as the parties to the proceedings, should not be absolutely prevented from exercising the right to be heard and express an opinion, however, the court should not be obliged to hold a hearing to hear the party and allow the child to express an opinion unless if this is not necessary to clarify the case. This should depend on the discretion of the court given the circumstances of the case and taking into account the welfare of the child. The author of the paper therefore proposes amending the provision on hearing in proceedings to establish a personal relationship with the child so that the enforcement court may and not has to hear the parties and allow the child to express opinion, all to protect the interests and welfare of the child.
Ključne riječi
right to be heard; right of the child to express an opinion; right of access to court; special enforcement proceedings
Hrčak ID:
257733
URI
Datum izdavanja:
24.5.2021.
Posjeta: 2.709 *