A father of a minor child came without a notice to
appear to the Municipal Authority of
Jihlava, the Department of Social Affairs, the Department of Social and Legal
Protection of Children to ask you for help in solving a situation, which he got in.
According to his announcement, he is divorced. According to the judgment of
the District Court in Jihlava, his minor
son was entrusted to mother’s care. He is determined to contribute to the maintenance of the son with the amount of 1,500 Czech crowns per month,
which he properly pays. After the
divorce, the mother and father agreed
on the extent of father’s contact
with the minor son, which was
regular and without any difficulties.
The mother of a minor child has recently found a new boyfriend and is thinking of marrying him and they started to hinder the father in
regular visits of the son.
The mother with a minor child is registered for permanent residence (and lives) at
Polná, Palackého 561, father at Telč, K Valše 78.
Task:
Focus on the implementation
of the contact (= visits) between
the father and his minor son.
Key words and phrases to
be solved:
-
The Municipal Authority of Jihlava (preferably local authority)
-
The Department of Social and Legal Protection of
Children
-
Divorced
-
The
son was entrusted into the care of the mother
-
The
father is obligated to contribute to the maintenance by the amount of CZK 1,500
per month
-
The
father properly pays the maintenance
-
After
divorce, they agreed on the extent of contact of the father with the minor son
-
Visits
between the father and the son were held regularly and without any problems
-
The
child’s mother found a new partner (or a boyfriend)
-
They
started to hinder the father from regular visits of the son
-
The
mother and her son are permanent residents at Polná, Palackého 561
-
The
father is a permanent resident at Telč, K Valše 78
Solution:
The Department of Social and Legal Protection of
Children first carries
out a social survey by the minor
child’s mother and the interview with
the boy. The mother will be advised that she is obliged to enable visits between the father and the son and to
prepare the son properly and on time as well.
If the visits continued not to be realized, the father should file a proposal to regulate rights and duties in respect of a minor
child at the District Court (according
to the place of residence of the child) in
Jihlava. The proposal shall be submitted in quadruplicate. One is intended to the guardianship file of the
minor child and other to the participants of proceedings – mother, father and a minor
child represented by a guardian automatically appointed by law by the court
– usually Municipal Authority of
Jihlava – the Department of Social and Legal Protection of
Children. (initiate guardianship proceedings)
Within the burden
of proceedings, the court shall mainly hear
the child’s parents, carries out an interview with the boy (in the absence
of parents), asks the guardian for a report on treatment conditions on the side of the both parents, and
followingly requires a report from school the boy attends and by
a paediatrician. After the burden of
proceedings, the court gives its
judgment, which adjusts the extent of visits between the father and the
son. (course management)
In case, even the judgment came into force, the visits
with the son were not realized, the father could file a proposal for the enforcement of a decision to the court, on which
basis the court may fine the mother, or initiate proceedings to modify the custody of the child.
Key words and phrases to
be solved:
-
Social
inquiry
-
Interview
with the boy
-
The
mother is obliged to allow visits between the father and the son
-
The District
Court
-
A
proposal to modify the extent of contact with a minor child
-
In 4
copies
-
Guardianship
file
-
Participants
– mother, father and a minor child represented by a guardian
-
The
burden of proof
-
Questioning
parents
-
A report
on the treatment conditions on the side of the parents
-
A report
from school
-
A report
from a paediatrician
-
The court
gives its judgment
-
In
the judgment, the court shall determine visits between the father and the son
-
A proposal
for enforcement of a decision
-
The
court may fine the mother
-
The
court may initiate proceedings to modify the custody of the child
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)
This situation is about implementation of the contact between the father and his minor son. A father of a minor child came without a notice to appear to the Municipal Authority of Jihlava to ask you for help in solving a situation, which he got in. He is divorced and his minor son was entrusted to mother’s care. He is determined to contribute to the maintenance of the son with the amount of 1,500 Czech crowns per month. He properly pays. After the divorce, the mother and father agreed on the extent of father’s contact with the minor son, which was regular and without any difficulties. Bud hid ey wife found a new boyfriend and they started to hinder the father in regular visits of the son. The Department of Social and Legal Protection of Children first carries out a social survey by the minor child’s mother and the interview with the boy. The mother will be advised that she is obliged to enable visits between the father and the son and to prepare the son properly and on time as well. If she don't do it the case gets to court. Within the burden of proceedings, the court shall mainly hear the child’s parents, carries out an interview with the boy and a report from school the boy attends and by a paediatrician. In case, even the judgment came into force, the visits with the son were not realized, the father could file a proposal for the enforcement of a decision to the court, on which basis the court may fine the mother, or initiate proceedings to modify the custody of the child.
ReplyDeleteIt's about the father who came up with the problem of visiting his son, who is in the care of his mother.
ReplyDeleteAccording to his announcement, he is divorced.
The father was granted maintenance to the son, which is properly paid.
After the divorce, the parents agreed to visit the father and son without any problems.
Now the mother found a new partner and started to prevent her father from continuing with his son regularly.
The mother is obliged to allow the father to meet her son
It is important to do a social survey with the mother and interview the boy.
If the mother continues to prevent intercourse, the father has the right to file a proposal to regulate the rights of the child at the District Court in Jihlava.
Should the judgment be valid visits to the son were not carried out, the father can file a court with the court may impose a fine on the mother or initiate proceedings to change the care of the child.
In the taking of evidence, the court asks the guardian of the child's conditions, a report from the school the boy attends, and a report from the doctor. After obtaining evidence, the court will issue a judgment adjusting the scope of the father and son visits.