Slovak Financial Law News 2005

Regulation of Duties with regard to a Minor after Divorce

If the marriage is dissolved by divorce, the court will in its ruling on the divorce of marriage regulate the exercise of parental rights and duties with regard to a minor for the period after divorce and determine mostly (i) to whose personal care the child will be entrusted, (ii) who will represent the child, and (iii) who will administer his/her property. At the same time the court will determine how the parent to whose personal care the child has not been entrusted will contribute alimony or approve parental agreement on the amount of alimony. The court will always consider the interests of the minor. In compliance with the Convention of the Rights of a Child, when assigning a minor to the personal care of one of the parents, the court will respect the minor's right to maintain his/her relationship to both parents and the right of the parent to whose personal care the child has not been entrusted to regular information on the minor's conduct. The parent to whose personal care the child has not been entrusted may claim information on the minor with court. If one of the parents repeatedly prevents the other parent from contact with the minor without any reason and intentionally, the court may change its ruling on personal care also without a petition. If necessary in the interest of the minor or required by circumstances in the family, the court may regulate the relationship of the child also to close relatives.