Parental responsibility, custody

Explain what rights of custody both parents have in your jurisdiction whether (a) married, or (b) unmarried.

The position of unmarried parents is the same as that of married parents regarding parental responsibility for their children where they are officially registered on the marriage certificate as the mother and the father of the child.

Parental responsibility is given automatically by the law, regardless of marriage, and both parents have the same level of parental responsibility.

At what age are children considered adults by the court?

Children become adults at the age of 18.  Regarding cases where a child wants to enter into marriage, when the child reaches 16 years old they are considered as being able to act in front of the court as a legally capable person.  In this case the consent of the court is required to enter into marriage.

What is the duration of children orders (up to the age of 16 or 18 or otherwise)?

The duration of children orders is not explicitly limited by time.  After the child reaches an age where he/she is capable of maintaining him/herself, the obliged parent must file a claim to the court for cancellation of the maintenance duty to that child.

What orders can the court make in relation to children? Does the court automatically make orders in relation to child arrangements in the event of divorce?

In Slovakia, it is obligatory for the court in a divorce case to decide on the parental duties and rights.  The court cannot dissolve the marriage without making such a decision.  The court decides on the following:

(1)  care/custody;

(2)  representing the child and managing the property;

(3)  child support/maintenance; and

(4)  right to contact.

What factors does the court consider when making orders in relation to children?

There are many factors set by legislation and the judicature that should be considered in relation to children, but the most important is the interests of the child. 

According to article 5 of the Family Act, the interests of a minor child is a primary consideration in all matters relating to him/her.

In determining and assessing the interests of a minor child, the court takes into account, in particular: the level of childcare; the safety of the child, as well as the safety and stability of the place where the child resides; the protection of the child’s dignity as well as his/her mental, physical and emotional state; circumstances relating to the child’s state of health or to the child’s disability that endanger the development of the child by interference with his/her dignity; endangerment of the child’s development by interference with the mental, physical and emotional integrity of persons who are considered close to the child; the conditions for development of the child’s abilities; the child’s opinion and his/her possible exposure to a conflict of and subsequent guilt; the conditions for establishing and developing relationship ties with both parents, siblings and other related persons; and the use of possible means to maintain the family environment of the child when interference with parental responsibility is being considered. 

Without court orders, what can parents do unilaterally? 

A parent can take a child abroad for holidays and trips.  In case a parent plans to take a child abroad for a longer time period with the intention of settling in a different country, the consent of the other parent or a decision of the court is needed.

Daily decisions can be made by either parent unilaterally.  There is a non-exhaustive list of matters which are not considered common and which require the consent of the other parent or the court, such as: the moving of a minor child abroad; the management of the property of a minor child; a change in nationality of a minor child; the granting of consent for the provision of healthcare to a minor child; and preparations/studies for future occupations of a minor child.

Is there a presumption of an equal division of time between separating or divorcing parents?

There is no presumption of an equal division of time. 

Are unmarried parents treated in the same way as married parents when the court makes orders on separation or divorce?

In Slovakia there are no proceedings on separation.  Divorce proceedings are only for married couples.

In case an unmarried couple separates, only the parental rights and obligations are dealt with by the court, and in the same way and by the same rules as for a divorce of a married couple.

Is a welfare report prepared by an independent professional or is the decision taken by the Judge alone? If so, does the child meet the Judge?

The decision is taken by the judge alone.  Where a minor child is involved, he/she is represented by a social services worker who provides advice and suggestions to the judge about the decision.  His suggestions are not binding on the judge.

The child shall always be heard in case he/she reaches an age where he/she is capable of expressing his/her opinion.  The child can be heard by social workers or by the judge personally.

Is there separate representation for children in your jurisdiction and, if so, who would represent them, e.g. a lawyer?

Yes, there is separate representation.  As the parents of a minor child cannot represent him/her in court proceedings in which both parents and children are involved and the interests of the parents are contradictory, the court appoints a guardian for the minor child from a social services authority.  The social services worker proposes procedural evidence and suggests to the court how to decide on the case, taking into account the best interests of the child and the child’s opinion.