Naslov
Porodičnopravna zaštita djece državljana SFRJ odvedene u inozemstvo protivno odluci suda o njihovom čuvanju i odgoju
(Family-Law Protection of Children of Yugoslav Nationaly Abducted and Taken Abroad against a Court Decision on Their Custody)

Autori
Hrabar, Dubravka

Izvornik
Zbornik Pravnog fakulteta u Zagrebu (0350-2058) 39 (1989), 1; 45-54

Vrsta, podvrsta i kategorija rada
Radovi u časopisima, pregledni rad, ostalo

Ključne riječi
međunarodna otmica djece
(International Child Abduction)

Sažetak
A court decision on the custody of a child after the divorce of its parents is always rendered in the interests of its protection. It is the result of all the circumstances of both parents and should as such in principle ensure objective protection of the physical and mental development of the child. The parent who is not satisfied with such a decision, or if changes have occurred in the circumstances of either parent, may, according to the Marriage and Family Relations Act of 1979, demand that the decision be changed. However, the above-mentioned legal possibilities are of a limited scope, and are not always made use of by parents. The most dangerous step for changing a court decision is the abduction of the child from the parent who had custody. Abducting the child, which basically has the elements of criminal abduction, is resorted to by those parents whom the court has only allowed to maintain personal relations with the child in a predetermined way and for a predetermined period of time. Furthermore, what is essential is that such parents almost always have different citizenship from the former spouse, and this fact gives them hope of succeeding. In most cases they take away the child to the country of their origin and demand from a court of another jurisdiction to grant them, by its own decision, the custody of the child. Yugoslavia has not yet ratified the Hague Convention on the Civil Aspects of International Child Abduction of 1980, which is in force in eight countries. Because of the increasing number of marriages with a so- called foreign element, a rise in the number of cases of parents forcibly abducting children abroad, or vice versa, is to be expected. The legal steps which our agencies can take are of a non-obligatory character precisely because of the vacuum existing in this legal area. The ratification of the above Convention is of essential significance, if we are to ensure special child protection proclaimed by the Federal Constitution and the Constitution of the Socialist Republic of Croatia.

Izvorni jezik
Hrvatski

Znanstvena područja
Pravo

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