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The importance of expert opinion in child custody proceedings
Šmídová, Tereza ; Frintová, Dita (advisor) ; Střeleček, Tomáš (referee)
The importance of expert opinion in child custody proceedings Abstract This diploma thesis focuses on the importance of expert opinions in custody proceedings on the matter of a minor child care, maintanance and contact. These are part of the child welfare judicial proceeding according to the section 466 of Act No. 292/2013 Coll., on special court proceedings, as amended. Firstly, it discusses the above-mentioned non-contentious proceedings, which are included in the child welfare judicial proceeding, then the work deals with experts and their opinions. The first chapter deals with the child welfare judicial proceeding in general. It explains what proceedings are among the court's care proceedings for minors and the basic features of these proceedings are described here. Furthermore, the first chapter defines the basic concepts with which the thesis deals and describes the features of non-contentious proceedings and explains the differences between contentious and non-contentious. The jurisdiction of the court and the subjects of the proceedings are also mentioned. The second chapter deals with the child custody proceedings. This part is focused primarily on the types of legal child custody. Individual types of legal child custody are listed and for each type of the custody it is said when the court can...
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Court deciding on the custody of a child with a special regard to selected institutions of civil law
Mazur, Jiří ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
The court decisions on child's custody - summary The upbringing of children is one of the basic institutes of parenthood. As every legal institute even this one can be approached from different perspectives of legal regulation. This thesis is focused on aspects and consequences of court proceedings and decisions on the child's custody issues in relation with the divorce or separation of parents - as regulated in Sections 26 and 50 of the Act no. 94/1963 Coll., Family Act, as amended. I have chosen this particular topic for personal reasones. From the formal point of view, the thesis is divided into six chapters. In the first chapter, sources of the law and main terms are defined. Furthermore, the current legal regulation of the court's decision on the child's custody is compared to the legal framework, which is yet to come into effect, and in a more details the judicial application of the regulation is analyzed considering the legal and factual relations with the divorce and the parents separation. The second chapter and the third chapter are focused on the outline of the substantive law - the second chapter on the current legal framework, the third chapter on the rules set down in the new civil code. The fourth chapter contains the overview of the procedural regulations and institutions. The fifth chapter...
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Child custody proceedings
Hynková, Helena ; Macková, Alena (advisor) ; Frintová, Dita (referee)
This rigorous thesis deals with the proceedings of custody of minors after their parents divorce or as a consequent of their brake-up if the parents were unmarried and did not make and agreement. The first part of the thesis focuses on the current legistation of substantive law, the second part describes the proceedings in detail and the last part focuses on the selected issues which should be discussed in detail. The conclusion sums up the negatives of the legislations and practical problems which often appears.
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Judicial decision-making about placing a child into institutional care
Hadamčíková, Miluše ; Macková, Alena (advisor) ; Frinta, Ondřej (referee)
The aim of this thesis is to provide a coherent view of the issue of judicial decision- making about placing a child into institutional care. The base is a determination of the constitutional basis of the right of the state to intervene in family relationships and its simultaneous obligation to act within the child's interest. The first chapter of the thesis gives an insight into key provisions of relevant international treaties and it also offers an overview of conclusions of the European Court of Human Rights case law concerning the right to private and family life. The main part of the thesis occupies with the analysis of the substantial legislation of the institutional care, including European Court of Human Rights case law related to the subject. The following chapter deals with the procedural aspects of the judicial decision-making in the affairs of institutional care. The attention is focused on the principle of the best interests of the child and on the implementation of the procedural rights of the child, especially his or her right to be heard. In the context of the theme the actual recodification of civil law is reflected, as well as the Slovak legislation. The final chapter contains a description of elemental features of the French system regarding endangered children and some...
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Court deciding on the custody of a child with a special regard to selected institutions of civil law
Mazur, Jiří ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
The court decisions on child's custody - summary The upbringing of children is one of the basic institutes of parenthood. As every legal institute even this one can be approached from different perspectives of legal regulation. This thesis is focused on aspects and consequences of court proceedings and decisions on the child's custody issues in relation with the divorce or separation of parents - as regulated in Sections 26 and 50 of the Act no. 94/1963 Coll., Family Act, as amended. I have chosen this particular topic for personal reasones. From the formal point of view, the thesis is divided into six chapters. In the first chapter, sources of the law and main terms are defined. Furthermore, the current legal regulation of the court's decision on the child's custody is compared to the legal framework, which is yet to come into effect, and in a more details the judicial application of the regulation is analyzed considering the legal and factual relations with the divorce and the parents separation. The second chapter and the third chapter are focused on the outline of the substantive law - the second chapter on the current legal framework, the third chapter on the rules set down in the new civil code. The fourth chapter contains the overview of the procedural regulations and institutions. The fifth chapter...
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