A mother of minor children came to
the Municipal Authority of Jihlava, the Department of Social Affairs,
the Department of Social and Legal Protection of Children to ask for
help in solving the situation in which she got.
She is married. One minor
child was born from the marriage – a daughter, who is 10 years old.
Six months ago, she moved from the common
household. Proposals for divorce and regulation of rights
and duties of
parents in respect of minor children for a period after the divorce (= adjustment ratios of minor
children) have already been submitted at the District Court in Jihlava.
Father has not contributed to the
maintenance of the daughter yet and has visited her irregularly – on average once per
month for the entire weekend from Friday to Sunday.
Task:
Focus on the situation
of the minor child, whose maintenance the father has not contributed to for
half a year.
Key
words and phrases to be solved:
-
The
Municipal Authority of Jihlava (preferably local authority)
-
The Department of Social and Legal Protection
of Children
-
Married
-
One
minor child was born from the marriage
-
She
has not lived with her husband in the common household for six months
-
The
father has not contributed to the maintenance of the daughter with any amount for six months
-
The
mother and the daughter have a permanent residence in Jihlava, Nerudova 25
-
The
father of the child has a permanent residence in Luka nad Jihlavou, Nová
379
Solution:
Due to the fact, the father has not
contributed to her maintenance for six months properly, the mother may submit a
proposal to regulate rights and duties of parents in respect of a minor child
(= proposal for adjustment ratios).
The proposal should be filed at the District
Court in Jihlava (according to the place of residence of the minor
child) in four copies, which are intended for participants in
proceedings – i.e. mother, father and minor child represented by a
guardian, and one copy into the guardianship records maintained by the court.
(opening of the adjustment of conditions of a minor child)
Then the burden of proof starts. Within the burden of
proof, mother and father are heard, and the guardian is
requested for a report on treatment conditions
in the child's family. Furthermore, the evidence on the costs, which is associated
with the needs of the child, and the report on income of the parents are required – including the amount of
benefits from the social welfare. After the burden of proofs proceeds, the court gives judgment. If it finds the
reasons for the adjustment of conditions, it decides on the form of custody of the minor child
(either sole custody of one parent, alternating custody, or joint custody), or
rejects the proposal. If the court decides on the sole custody of one of the
parents or alternating custody, it assesses the amount of maintenance with the retroaction of a half a year (since the
father stopped to contribute properly to the maintenance of the daughter).
(proceeding course)
The judgment is given to all participants
who have the right to lodge an appeal
within 15 days. A second level appeal will be determined be the Regional
Court. The guardian will be appointed again,
and it newly decides in re after the
burden of proceeding. Against the above mentioned decisions of the Regional Court can no longer be appealed. (appeal
procedure)
Key words and phrases to the proceedings:
A proposal to regulate the rights
and duties of parents of a minor child (also a proposal to adjust to child
ratios)
-
The
proposal is submitted to the District Court in quadruplicate
-
The
participants are mother, father and a minor child represented by a guardian
-
The
guardian of the minor child is appointed by the court
-
The
guardian of the minor child is mostly the Municipal Authority, the Department
of Social and Legal Protection of Children
-
In
the frame of the burden of proceedings, the mother and father are heard by the
court
-
The
court will require a report on treatment conditions in the child's family, a
report on the income of parents and the costs that are associated with the
needs of the child
-
After
the burden of proofs has proceeded, the court gives its judgment
-
The
court decides on the form of treatment
-
The
court determines the amount of maintenance a half year back
-
A
written copy of the judgment must be delivered personally to all participants
-
The
participants may lodge an appeal within 15 days from the judgment
-
The
appeal is submitted through the District Court
-
The
Regional Court
decides on the appeal
The case is based on the following legislation:
Material:
The Family Act (94/1963 Coll., As
amended)
The Law on Social and Legal
Protection of Children (359/1999 Coll., As amended)
Process:
Civil Procedure (99/1963 Coll., As
amended)
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