Parental right to see their child and what happens when it is not respected?
The right of a parent to see their child is one of the fundamental rights following a divorce or the end of a shared life. However, in practice, difficulties in exercising this right are common. Situations in which one parent prevents or hinders the child's contact with the other parent are not rare and may have serious legal consequences.
Parents often wonder what their rights are, how visitation arrangements are determined, and what steps they can take if a court decision is not being respected. It is especially important to emphasize that a child's right to maintain a relationship with both parents is protected by law, and that the court always acts in the best interest of the child.
Attorney Biljana Tančić from our law office, Marinela Ljubić Todoran, discusses the most important issues and the most common practical challenges.
What does the right to see a child entail?
The right to see a child entails the right of the parent with whom the child does not live to maintain a personal relationship with the child through visits, time spent together, communication, and active participation in the child's life, emphasizes attorney Biljana Tančić.
Is this right also an obligation?
Yes. Court practice views this not only as a right, but also as a duty of the parent, because maintaining contact with both parents is in the best interest of the child, the attorney emphasizes.
How is the manner of child visitation determined?
Attorney Biljana Tančić points out that the manner of child visitation can be arranged in the following ways:
- by agreement between the parents
- by a court decision (with precisely defined schedules, including specific dates, holidays, school breaks, birthdays, family celebrations, and similar occasions)
What if the parent with whom the child lives does not allow visitation?
Such behavior constitutes a violation of the court decision and the rights of the other parent, as well as a violation of the child's right to maintain a relationship with both parents, the attorney emphasizes.
What is the first step in such a situation?
The first step is to file a motion for the enforcement of the court decision. The court may then order the implementation of visitation with the assistance of the competent authorities, explains attorney Tančić.
Is there a financial penalty?
Yes. The court may impose a monetary fine on the parent who fails to comply with the visitation decision, and it may do so repeatedly until the decision is respected.
Can there be a change in the custody decision?
Yes. If one parent persistently prevents the child from maintaining contact with the other parent, the court may review the custody decision and may even grant custody to the other parent, emphasizes attorney Tančić.
Is the Center for Social Work involved?
Yes, emphasizes attorney Biljana Tančić. In such situations, the Center for Social Work may:
- provide an opinion to the court
- supervise the implementation of contact
- propose measures for the protection of the child
Is there criminal liability?
Yes. In certain cases, preventing the maintenance of personal contact may lead to criminal liability, emphasizes attorney Tančić.
Can a parent condition visitation on unpaid child support?
No. The right to see a child and the obligation to pay child support are completely separate legal categories, emphasizes the attorney.
Is the justification “the child does not want to” legally relevant?
No. Courts do not accept this as a valid justification. The parent is obligated to actively encourage and enable the child's contact with the other parent, emphasizes attorney Tančić.
Invoking the child's will in such situations often indicates inappropriate influence or manipulation, which may have serious legal consequences.
What is the most serious consequence for a parent who prevents visitation?
The most serious consequence may be a change in the decision regarding parental rights, as the court always protects the best interest of the child, concludes attorney Biljana Tančić.
Legal Assistance
If you are experiencing difficulties in exercising your right to see your child or need legal assistance, you can contact the Law Office Marinela Ljubić Todoran.
The firm’s professional team will provide you with support and help you protect your rights as well as the best interests of the child.
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