Original scientific paper
Enforcement of Contact Orders as a Predictor of Violation of Rigths from the Eeuropean Convention for the Protection of Human Rights and Fundamental Freedoms
Marina Pavić
; Vitorija Svic's Law Office, Zagreb, Croatia
Ivan Šimović
orcid.org/0000-0002-0222-5073
; Faculty of Law University of Zagreb, Zagreb, Croatia
Anica Čulo Margaletić
orcid.org/0000-0001-7688-8366
; Faculty of Law University of Zagreb, Zagreb, Croatia
Abstract
Since the enforcement of orders in family law cases is a complex legal area and its regulation represents a great challenge both for the legislator and for practicioners, the purpose of this paper is to analyse the specific features of procedures for obtaining enforceable title in family law cases, as well as special characteristics of enforcement procedure in those cases, especially the enforcement of contact orders, legal regulation and practical problems concerning the application of relevant rules of law. Special attention is paid to legislative changes introduced by the Family Law Act of 2015. In the final part of the paper relevant case law of the European Court of Human Rights is analysed since noncompliance with an enforceable order by a parent who lives with the child as well as the impossibility of the State to secure enforcement of that order can present a violation of the Convention rights.
Keywords
enforcement of contact orders; right to respect for family life; Family Law Act; European Court of Human Rights
Hrčak ID:
191579
URI
Publication date:
22.12.2017.
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