Skip to main content

Cookies

Cookies na stránke Centra pre medzinárodnoprávnu ochranu detí a mládeže. Aby táto stránka fungovala, používame nevyhnutné súbory cookie. Používame aj analytické cookies – ich prijatím súhlasíte s ich používaním.

Cookies settings
Oficiálna stránka

Doména gov.sk je oficálna

Toto je oficiálna webová stránka orgánu verejnej moci Slovenskej republiky. Oficiálne stránky využívajú najmä doménu gov.sk. Odkazy na jednotlivé webové sídla orgánov verejnej moci nájdete na tomto odkaze.

Táto stránka je zabezpečená

Buďte pozorní a vždy sa uistite, že zdieľate informácie iba cez zabezpečenú webovú stránku verejnej správy SR. Zabezpečená stránka vždy začína https:// pred názvom domény webového sídla.

Child Abductions

Moving abroad with a child
Wrongful removal or detention of a child abroad (parental abductions)

Changing a child’s residence is an important matter which must be agreed-upon by both parents, regardless of whether they are married, divorced, partnered or separated. Even in cases where the child is under a one-parent custody, that parent has no right to change the child’s residence (either within Slovakia or abroad) without the consent of the other parent. If the parents are unable to reach an agreement, the court will decide.

Removal of children to another State, often being the ‘abducting parent’s’ domicile State, including any wrongful detention of children in that State that commonly happens after a visit of a domicile State, is usually taken for granted by the ‘abducting parent’. The other parent is left with questions of how to have the child immediately returned in order to restore status quo.

Simply put, international parental abduction is a permanent removal or detention of a child by one parent, without the consent of the other parent (or without the consent of the national court of the State in which the child resided prior to removal) to a State, other than the State of the child’s habitual (de facto) residence.

The State of child’s habitual residence is that State where the child lives, has an established family and social background there, has family, friends, goes to pre-school or school there, has interest groups. The child may also have health insurance and doctor in that State, too. There is no exact definition of habitual residence. Therefore, the question as to the State of child’s habitual residence goes before the court to decide.

In that respect, the aim of International conventions and EU laws are:

In the context of international abductions, CIPC provides assistance and cooperation under the 1980 Hague Convention on the Civil Aspects of International Child Abduction (the “Hague Convention“) to applicants and central authorities in cases where a child is wrongfully removed or detained abroad, with the State of child’s habitual residence being the Slovak Republic, and vice versa, where a child is wrongfully removed or detained in the Slovak Republic and the State of child’s habitual residence is another Hague Convention signatory State.

Who may contact CIPC:

How may CIPC assist in my case? Examples:

Please be advised, that a State involved in your case must be the Hague Convention signatory State in order for your case to be successful.

How does it work?

A parent whose child has been wrongfully removed or detained abroad may seek the child’s return through CIPC, or may turn directly to the court or central authority of that State to which the child has been wrongfully removed.

Whether or not a child is returned to the State of child’s habitual residence is always decided by the authority of that State to which the child has been removed or in which the child is being wrongfully detained. Therefore it is good to know that any proceedings in this case will take place abroad, regardless of the child’s nationality. A child return court order will stipulate an obligation that a child must be returned to the State of child’s habitual residence, but not an obligation that a child must be returned to the child’s original home or to the other parent’s custody. It is also important to know that the courts of a given State do not decide on parental rights and obligations in return proceedings, e.g. who should have a child custody. This can only be decided later after the child is returned, and always by the competent court of the State of child’s habitual residence.

CIPC acts both as the Requesting or the Requested central authority in accordance with the EU laws and under Hague Convention. In one case, CIPC sends the child return request to the Requested central authority in that State to which the child has been wrongfully removed or detained. In another other case, CIPC receives the child return request from the State from which the child was removed. The role of CIPC as a central authority is to assist individuals in exercising their individual rights. CIPC, as a central authority, makes no decisions in international disputes. The decision-making lies strictly with the courts and authorities having jurisdiction in the matter.

CIPC assists to complete your application, including any necessary forms and papers that will be sent to a foreign partner agency. CIPC then asks the foreign partner agency whether the child and the other parent are 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 the return proceeding), or availability of out-of-court solutions, if any. All information CICP obtains will then 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. The same may apply to the length of procedure or availability of appeals against no-return court orders or suspensive effect of appeals in the given State.

Solutions may get more complicated in cases where there is no international treaty signed between Slovakia and the State where the child is located. Seeking assistance of the Slovak Embassy seated in the State in question, or assistance of authorities and courts in the State in question, or assistance of a domiciled lawyer to represent the child in the State in question – those might be the only options available then. It is good to remember that the content of a foreign law and the form of judicial or official procedure may wildly differ from those used in Slovakia.

Lower chance of having the child returned

• if the child is over 16 years of age;
• if the applicant failed to exercise their custody rights;
• if the applicant has reconciled to moving of the child;
• if one or more years have elapsed since the child was wrongfully removed/detained abroad; the child return application must be filed promptly with the court having jurisdiction in the State to where the child was removed. We advise to file your application within one year of child removal. After this period, it may only be assumed that the child has got used to the new environment.
• where there is a serious risk that return would expose the child to physical or mental harm or otherwise put the child in an unbearable situation;
• if the child does not agree to return (upon reaching the age and level of maturity when it might be appropriate to take child’s views into account).

Related legislation: