Tuesday 15 October 2013

Case n. 1 – 1 (Maintenance of the daughter)



Case n. 1 – 1 (Maintenance of the daughter)
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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