In today’s article we would like to present the issue of forcible removal of a person under parental authority or custody. This topic is important primarily from the perspective of the parent whose ability to maintain contact with the child or to exercise parental authority is limited.
As a general rule, proceedings for the removal of a person under parental authority or guardianship proceed in two stages. In principle, because in certain situations namely in the case when a person subject to parental authority or custody is handed over by the obligee to an authorised person and in the case when a person is not handed over and no application is filed with the court for the compulsory collection of the person by a guardian, the proceedings end at the first stage.
The second stage is called the execution stage. It occurs when an entitled person requests the forced removal of a person. The main aim of the whole procedure is first of all to hand over the person under parental authority or under guardianship to the entitled person in order to exercise contact or parental authority.
Pursuant to the provisions of the Code of Civil Procedure, if the obligee fails to comply with the order to take away a person subject to parental authority or under guardianship, the court, at the request of the entitled person, shall order a court guardian to forcibly take away the person subject to parental authority or under guardianship. The person authorized to submit this application is first of all the parent who has parental authority or right of access to a minor, but also the guardian, Public Prosecutor, Children’s Ombudsman and Ombudsman. Regarding the issue of taking back a person, it should be emphasized that a probation officer has the right to take back a person from anyone with whom he or she is staying, subject to the presence of the person entitled or a person authorized by him or her during the execution of the order.
To sum up, in a situation when you have exhausted all means and the possibility of contact or care of a minor is still hindered, there is a possibility to file a motion for initiation of enforcement proceedings leading to the forced removal of a person.
If you need more information we invite you to contact our lawyer Catherine:
Tel: +48 502 775 164