Case n.4 (Rights and duties of parents of a minor child)

Case n.4 (Rights and duties of parents of a minor child)

A mother 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 for information.

According to her notification, she is single and 14 days ago her daughter was born. The paternity was determined by the affirmative statement of the parents at the registry office in Jihlava.

She does not live with the child’s father in the common household – they have not considered treating the minor child together. The father contributed to the purchase of layette for the daughter, but they are not able to agree on the amount of maintenance for the child.

The mother has a permanent residence in Jihlava, Palackého 37, and the father in Brno, Zelný trh 25.

Task:

Focus on the regulation of the rights and duties of parents of a minor child (to adjust ratios).

Key words and phrases to be solved:

-          Municipal Authority of Jihlava (preferably local authority)

-          Department of Social and Legal Protection of Children

-          Mother of the minor child

-          Single

-          The daughter was born 14 days ago

-          The father of the child does not live in the same household

-          They have not considered on the joint custody of the child

-          Father has contributed to the purchase of layette for the daughter

-          They are not able to agree on the amount of maintenance for the child

-          The mother has a permanent residence in Jihlava, Palackého 37

-          The father has a permanent residence in Brno, Zelný trh 25

Solution:

Due to the fact that the parents are unable to agree on the amount of maintenance for a daughter, the mother (and possibly father) can submit a proposal to regulate the rights and duties of parents in respect of a minor child (= proposal for adjustment ratios). The application shall be filed through the District Court in Jihlava (according to the place of residence of the minor child) in four copies, which are intended for the participants of proceedings – i.e. mother, father and the minor child represented by a guardian, and one into the guardianship file maintained by the court. (opening of the adjustment of conditions of a minor child)

Within the burden of proceedings, the court hears the mother and the father, requests the guardian for a report on educational conditions in the child’s family Furthermore, it requires evidence on the costs that are associated with the needs of the child and report on the income of the parents. After the burden of proceedings, the court gives its judgment. Due to the fact, the daughter is a newborn, mother’s sole custody would be the most suitable. And also the amount of maintenance is determined with the retroaction from the birth of the child (or respectively, since the father stopped to contribute properly to the maintenance of the daughter). (course management)

The judgment is given to all participants who have the right to lodge an appeal within 15 days. The appeal of the second stage will be determined by the Regional Court. The guardian is appointed again and after the burden of proof it newly decides. (appeal procedure)

Key words and phrases to be solved:

-          A proposal to regulate the rights and duties of parents in respect of a minor child (also a proposal to adjust to child ratios)

-          The proposal is submitted through the District Court in Jihlava in quadruplicate

-          Participants are mother, father and the minor child is represented by a guardian

-          A guardian of the child is appointed by the court

-          A guardian of the child is mostly the Municipal Authority – the Department of Social and Legal Protection of Children

-          Within the burden of proceedings, the court hears the mother and father

-          The court will require a report on educational conditions in the child’s family, report on the income of the parents and the costs that are associated with the needs of the child

-          After the burden of proceedings, the court gives its judgment

-          The court shall decide on the mother’s sole custody

-          The court determines the amount of the maintenance for the father retroactively from the birth

-          A written copy of the judgment must be delivered to all participants

-          The participants may lodge an appeal within 15 days from the judgement

-          The appeal shall be 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)