The decision on emergency child custody

The protocol of recommended conduct in case of execution of the decision on emergency child custody  contains a series of recommendations regarding the planning and implementation of this demanding procedure, which requires professionalism, responsibility, diligence, and, above all, subtlety from all involved. The Protocol is a working tool for better understanding and assessing the circumstances relevant to the removal of a child in such a way that individual actions are as less burdensome for the child as possible, to prevent traumatization and victimization of the child and to respect the child’s personal integrity.

The Protocol comprises 1) Proceedings before the execution (appointment, dismissal, and recall of the executor, the appointment of an expert, formulation of a proposal by the CSD, a court order for entry into a closed space), 2) Proceedings after the execution (communication between participants, preparation of a risk assessment, preparation of a plan for the direct removal of the child, execution plan), 3) Execution (actions of the executor, police, and experts) and 4) Proceedings after the execution. Judges and police officers are given a more active role with the Protocol, and above all the provision on greater communication and personal meetings between the institutions involved (executor, CSD experts, police officers) is very welcomed.

The Protocol is aware of the sensitivity of executions in family matters and tries to find the options that are least painful for the child. The best solution, however, is to reach an agreement between the parents before emergency child custody takes place. It is best for the child that parents overcome the problems in their relationship and conclude an agreement on issues concerning the child, which is also sought by the institute of prior counseling at the CSD, introduced by the Family Code. So you need a lawyer for family law- like law firm – Odvetništvo Prus Pipuš from Slovenia.

 

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