International aspect of minor children

Can the custodial parent move to another country without the other parent’s consent?

Custodial parents cannot move to another state/country without the other parent’s consent; this is not allowed and such relocation for a long time without the other parent’s consent should be recognised as child abduction. 

The movement of a minor child abroad is not considered a common matter in the course of a parent’s custody; according to article 35 of the Family Act, the parents must agree on the relocation.  In case the other parent does not agree, the court may rule that the custodial parent can relocate even without the consent of the other parent.

If the court is making a decision on relocation of a child abroad, what factors are taken into account?

In case of a court decision on relocation of a child abroad, the court considers the best interests of the child, their circumstances and the reasons for moving out of the country, and the possibility of visitations and connections with the other parent.

How does your jurisdiction deal with abduction cases? For example, is your jurisdiction a party to the Hague Convention?

Slovakia is a party to the Hague Convention, and child abduction cases are dealt with based on the Convention.  In case EU countries are involved, these cases also consider the Brussels II bis Regulation. 

There are specialised courts for dealing with abduction cases; there are only three such district courts in the Slovak Republic.

These proceedings are also covered by special national regulation: in the Civil Procedure Code for Non-adversarial Procedures.  The swift return of the child shall be ensured unless an exemption is applicable.