My partner is leaving me and taking our son with her — what rights do I have?

1.) Is there any law that establishes a father’s right to contact with his own offspring (how often and for how long they may meet)? In Slovakia, Act No. 36/2005 Coll. on the Family and on amendments and supplements to certain acts (hereinafter “the Act”) applies to this issue. However, the Act does not authoritatively determine how many days and when each parent has the right to contact with the child.

According to Section 36, Paragraph 1 of the Act regulating the exercise of parental rights and duties and contact in other cases: “Parents of a minor child who do not live together may at any time agree on the regulation of the exercise of their parental rights and duties. If they do not agree, the court may, even without a motion, regulate the exercise of their parental rights and duties; in particular, it determines to which of the parents it entrusts the minor child for personal care. If it is necessary in the interest of the minor child and if family circumstances require it, the court may regulate the child’s contact with close persons as well. The provisions of Sections 24, 25, and 26 shall apply appropriately.”

This provision applies “both to cases where the parents of the minor child are spouses but factually do not live together, as well as to cases where unmarried parents of a minor child do not live together.” (Horváth, E.: Family Act. Wolters Kluwer 2014)

The solution in the event that you do not live together with the child’s mother is:

• drafting a parents’ agreement where you also regulate contact with the child; the agreement must be approved by a court, otherwise it is unenforceable, or

• if a parental agreement is not possible, filing a motion with the court for the regulation of the exercise of parental rights and duties and the determination of maintenance.

2.) Is there any law or regulation that guarantees a father, even if he does not live together with his own offspring, the right to intervene in decisions concerning its future – e.g., choice of school, information concerning health status or decisions concerning potential treatment, etc.? The law again prefers an agreement of the parents, so that they themselves agree not only on ordinary matters related to the exercise of their parental rights and duties, but also on essential matters. If the parents are unable to agree on essential matters, the court decides. This follows from Section 35 of the Act (Court decision-making in case of disagreement between parents), according to which: “If the parents do not agree on essential matters related to the exercise of parental rights and duties, particularly on moving a minor child abroad, on the management of a minor child’s property, on a minor child’s citizenship, on granting consent for the provision of health care, and on preparation for a future profession, the court shall decide upon the motion of either parent.”

The enumeration of “essential” matters is not exhaustive.

In principle, this means that in cases where one of the parents represents the child in ordinary matters, the expression of the other parent is not necessary. However, if it concerns an essential matter, it is necessary to ask the other parent whether they agree with the expression of the representing parent. Should the other parent express disagreement, the conditions for proceeding according to Section 35 of the Act would be met. (R 17/1968)

3.) According to what criteria is the amount of maintenance determined? Information from the internet – income level, asset level, abilities. Does a percentage of earned wages exist? The exact amount of the maximum maintenance sum for a minor child is not established by law through the expression of a specific sum or a percentage of wages. The law establishes only the minimum: “Each parent, regardless of their abilities, possibilities, and property circumstances, is obliged to fulfill their maintenance obligation to the minimum extent in the amount of 30% of the subsistence minimum sum for a dependent minor child or for a dependent child according to a special act.” (Section 62, Para. 3 of the Family Act)

Generally, both parents have a legal maintenance obligation, which does not mean, however, that they must contribute to the child’s maintenance in an equal amount.

The level of the maintenance obligation of each parent must be assessed individually, also with regard to the provision of Section 62, Para. 2 of the Family Act, which establishes that both parents must contribute to maintenance according to their abilities, possibilities, and property circumstances. The category of ability (subjective criterion) is represented by education, intellect, physical possibilities, health status; the category of possibility (objective criterion) represents mainly opportunities on the labor market, the unemployment rate, age, the average salary in the given profession of the obliged parent; property circumstances – under this category, all types of income can be classified, i.e., salary, profit, author royalties, bonuses, dividends, or proven tips. Besides income, we include here the overall property situation of the parent, i.e., whether they are the owner of securities, valuable movable items (e.g., jewelry), or real estate.

The court assesses the above-mentioned criteria in relation to the obliged subjects; in relation to the person of the entitled [child], the court considers their justified needs. The justification of needs must be linked mainly to the child’s age, health status, education, interests, talents, or gifts. “A child has the right to share in the standard of living of the parents.” In court proceedings, it is necessary to ascertain and prove particularly the following types of child expenses:

• housing expenses for the child – rent / school dormitory

• food

• clothing

• travel costs

• medication and pharmaceutical aids

• hygiene supplies

• insurance payments

• savings

• expenses for the exercise of a profession – study literature

• interests and hobby groups

• others

If the property circumstances of the parents allow it, it is possible to determine maintenance in such an amount and in such a way that, in addition to the monthly sum for the justified needs of the child, savings are also created for it.

4.) On the internet, it is stated that maintenance can also be used to pay off a mortgage. The court takes the parents’ expenses into account in court proceedings and may include part of the mortgage installment in the expenses necessary for ensuring adequate housing needs.

5.) On the internet, it is stated that maintenance can also be used for savings for common offspring. In the event that the mother requests high maintenance, you may propose to the court that part of this maintenance be paid as ordinary maintenance and part into a special savings account, and from this account, the mother would use the funds only based on the consent of the court.

6.) What general possibility do I have as a father to verify that the paid maintenance is spent only on the needs of the mother and our offspring? The right to maintenance is a personal right of the child. If you were to gain the impression that the maintenance in the amount you pay for your minor child is in a greater amount than the child’s justified needs (and thus the mother uses part of it for the needs of other persons), you may file a motion with the court and request a reduction in the maintenance amount. In court proceedings, the mother should prove the child’s justified expenses.