Access Rights

Access Rights
Child Contact Arrangements (Parenting Plan)

Under international conventions, a child has the right to have contact with both parents, just as every parent has the right to have contact with their own child, regardless of whether the child’s parents live together or apart. Even in cases of parents’ break-up, separation or divorce, both parents should continue to be involved in their child’s upbringing. Where only one parent is a child custody holder, reasonable contact arrangements should be made for the child to have contact with the non-custodial parent and other close relatives, if appropriate (grandparents). Unfortunately, everyday practice shows that parental/child arrangements are often uneasy to achieve, which may get even more difficult in international families.

Who may contact CIPC:

• a parent who does not have child custody, a child’s grandparent or another person of legitimate interest in being in contact with the minor.

How may CIPC assist in my case? Examples:

• you are not in contact with your child living abroad;
• you are prevented from having contact with your child;
• you are family related to a child living abroad (a grandparent, sibling, aunt, uncle, etc.) but you have lost contact with the child;
• you want to have your contact arrangements with child living abroad adjusted by way of courts.

How does it work?

If one parent lives with the child in a State other than Slovakia and refuses to grant the other parent their access right, there is a possibility to seek access rights through the Hague Convention on the Civil Aspects of International Child Abduction (the “Hague Convention”) or to enforce access rights (if a decision/court order already exists) through the European Convention on the Recognition and Enforcement of Decisions on Child Custody and on the Restitution of Custody of Children.

File your application with us. CIPC will assist to complete your application, including any necessary forms and papers that will be sent to a foreign partner agency. CIPC will then ask the foreign partner agency whether the child is actually in that State, or which court to turn to in order to file your child return application, or availability of free legal aid (legal representation in court proceedings), or availability of out-of-court solutions, if any. All information obtained by CIPC will be communicated to the applicant.

Please, be advised that all foreign procedures are subject to national laws of a given State and the child return procedure may vary case by case. Obligations under the Hague Convention are interpreted differently by Contracting States and therefore any assistance provided by foreign central authorities and courts may vary. The same may apply to the length of procedure or availability of appeals. Many States will only provide assistance in cases where the child has been abducted, and only then may the access right be sought.

Related legislation:

• Council Regulation (EU) 2019/1111 of 25 June 2019 on jurisdiction and the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility and international child abduction (recast)
• Convention on the Civil Aspects of International Child Abduction. (Communication No 119/2001 Coll.), adopted at The Hague on 25 October 1980
• Convention on Jurisdiction, Applicable Law, Recognition and Enforcement and Cooperation in respect of Parental Responsibility and Measures for the Protection of Children 1996 (Notification No 344/2002 Coll.).
• European Convention on the Recognition and Enforcement of Decisions in respect of the Care of Children and on the Restitution of Custody of Children of 20 May 1980