Guardianship in Slovakia
According to the article 56, part 1) Act no. 36/2005 Coll. on Family (hereinafter referred to as „Family Act “)
1) If both parents of a minor child have died, have been deprived of the exercise of their parental rights and obligations, have been suspended from exercising their parental rights and obligations, or do not have full legal capacity for legal acts in a full scope, the court shall appoint a guardian for the minor child, who shall provide for the minor child's upbringing, represent the minor child and administer the minor child's property.
According to the article 57, part 1) and 2) of Family Act
- If the parents of the minor child are alive and if this is not contrary to the interests of the minor child, the court shall appoint as guardian in particular the person proposed by the parents whose exercise of parental rights and obligations has been suspended. If there is no such person, the court shall appoint as guardian one of the relatives or close persons of the minor child or his/her family or another natural person.
- Married persons may also be appointed as guardians of a minor child.
According to the article 58 of Family Act - In the Guardian Order, the court shall specify the extent of the property to be administered by the guardian, the manner of its disposition and the time limits within which the guardian is required to submit to the court reports on the disposition of the minor child's property and reports on the minor child.
- The report on the minor child shall contain information on the minor child's state of health, his or her education and special needs.
- The guardian shall perform his or her duties properly and in the best interests of the minor child. He shall be responsible to the court for the proper performance thereof. The decision of the guardian in every significant matter concerning the minor child shall require the approval of the court.
- The court continuously supervises the performance of the guardian's function and evaluates the performance of the guardian's function at least twice a year in cooperation with the municipality and the Social and Legal Protection Authority.
- The guardian shall be liable for breach of duty in the administration of the minor child's property under the general rules on compensation for damages.
- Upon termination of the guardianship, the guardian is obliged to submit to the court a final report on the administration of the minor child's property no later than two months after the termination of his or her guardianship.
- No maintenance obligation shall arise between the guardian and the minor child.
According to the article 59 of Family Act
1) The Guardianship shall terminate
a) by reaching maturity by a child, (note: 18 years of the child under Slovakian law)
b) in case of death of the minor child,
c) in case of death of the guardian,
d) in case the reason of appointment of the guardian was terminated,
e) by reaching maturity by a parent (Art. 28(3), Art. 29),
f) by the final decision of the court on release the guardian from his/her function or on his/her recall.
2) The court shall release the guardian from the guardianship on his or her proposal.
3) The court shall recall a guardian from guardianship if he/she is no longer competent to perform the guardianship, is breaching of his/her duties or is misusing his/her rights.
4) If a married couple has been appointed as guardians, the guardianship shall, in addition to the reasons referred to in part 1), terminate in case of their divorce. If the interests of the minor child so require, the court shall, on the application of either of the former spouses, decide that one of them shall continue to act as guardian. If one of the spouses appointed as guardian passes away, the remaining spouse becomes a single guardian.
5) If the guardianship shall terminate by the death of the guardian or by a final decision of the court discharging or recalling the guardian and if it is still necessary in the interests of the minor child, the court shall decide on the appointing of a new guardian.