Right of access to a child residing in another State

Both parents (unless their parental rights have been restricted) have the right of access to their child, regardless of whether they share a common household or not, even in cases where the child does not reside in the same State as the parent.

Under international conventions, a child has the right to maintain contact (right of access) with both parents, just as each parent has the right to maintain contact with their child, regardless of whether the child’s parents live together or separately. In the event of separation, living apart, or divorce of the parents, both parents should continue to have the opportunity to participate in the child’s upbringing. Where the child is placed in the custody of only one parent, a reasonable regime of contact between the child and the non-custodial parent, as well as other close persons (e.g. grandparents), should be established. In practice, however, an agreement between parents is often not simple, and in international families, finding a compromise can be even more complex. (source: https://cipc.gov.sk/index.php/pravo-styku/)

The Convention on the Civil Aspects of International Child Abduction of 25 October 1980 (hereinafter referred to as the ‘Convention’) also applies to cases where a child has their habitual residence in the Slovak Republic and a parent resides in another Contracting State to the Convention.

Under Article 5(b) of the Convention, ‘rights of access’ shall include the right to take a child for a limited period of time to a place other than the child’s habitual residence.

The Convention establishes an obligation for Contracting States to designate a Central Authority to discharge the duties which are imposed upon them by the Convention. Under Article 21 of the Convention, a person claiming that rights of access to a child have been violated may submit an application to the Central Authority of the State of the child’s habitual residence or to the Central Authority of another Contracting State to make arrangements for securing the rights of access, provided that ‘the Central Authorities are bound to take steps to remove as far as possible all obstacles to the exercise of such rights and may initiate or facilitate the institution of proceedings, either directly or through intermediaries, with a view to organizing or protecting these rights and securing respect for the conditions to which the exercise of these rights may be subject.’ For the purposes of the Convention, the Central Authority in the Slovak Republic is the Centre for the International Legal Protection of Children and Youth (hereinafter referred to as the ‘Centre’).

The Centre may be contacted by a non-custodial parent, a grandparent of the child, or any other person who has a justified interest in maintaining contact with the minor child.

The Centre handles situations where a parent or another authorized person is not in contact with a child residing abroad, is being prevented from having contact with the child, where a relative of a child residing abroad (e.g., a grandparent, sibling, aunt, uncle, etc.) has lost contact with the child, or where a parent or another authorized person wishes to regulate contact with a child residing abroad through judicial proceedings.

A person who has their habitual residence in the territory of a Contracting State to the Convention is also entitled to legal aid and legal advice in each Contracting State under the same conditions as nationals of that State. According to information provided via telephone by the Centre’s staff, in cases involving a violation of rights of access, the parent must contact the Central Authority designated to discharge the duties imposed by the Convention in the State of their habitual residence (provided it is a Contracting State to the Convention). This authority will advise the client on which documents will be required (namely an application, the child’s birth certificate, etc.). Subsequently, the respective Central Authority contacts the Slovak Centre, which will attempt to reach an agreement with the child’s other parent. If no agreement is reached, the Centre may facilitate the institution of proceedings regarding the organization of rights of access.

In this context, we note that the Convention does not prevent a parent from applying directly to the court with a petition regarding the arrangement of rights and obligations towards the minor.

Provided that the child has their habitual residence in the Slovak Republic, the Slovak court shall have jurisdiction in matters of parental responsibility pursuant to Article 8 of Council Regulation (EC) No 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000.

Proceedings concerning court care of minors are governed by Act No. 161/2015 Coll., the Civil Non-Contentious Procedure Code, according to which local jurisdiction lies with the court in whose territorial district the minor resides.