PROVISIONAL MEASURES ON EXERCISING PARENTAL CARE AND PERSONAL RELATIONS WITH THE CHILD

SOME LEGAL CONTROVERSIES

Abstract

With the adoption of the Family Act of 2015, the Croatian legislator returned to the normative approach of the 1978 Marriage and Family Relations Act, explicitly prescribing special court security procedures for issuing temporary measures on whom parent or other person the child will live with and on exercising personal relations with the child. In addition, the Act prescribes in a more comprehensive manner certain general issues regarding the determination of temporary measures in family law relations. Nevertheless, certain theoretical, but also implementation-practical issues still arise, especially regarding the admissibility of this provisional legal protection in the case of legal relations between parents and children. In the paper, open issues of the determination of temporary measures regarding certain content of parental care, its exercise and exercise of personal relations with the child are analysed and discussed. After introductory remarks on the subject matter of the research in historical genesis, in the paper the admissibility of this provisional legal protection is discussed, including an analysis of case law that has (already) developed in the application of the Act. Then follows the third and fourth part of the paper on the participants in the procedure and certain issues of the procedure, in which some specific solutions of the special security procedures for issuing temporary measures regarding certain content of parental care, its exercise and exercise of personal relations with the child, are analysed and discussed. The final part of the paper contains a summary synthesis of the main research results.