The purpose of the amendment is to authorize the bringing of a case for a retrial also against a final settlement in a case concerning the return of a minor to cases of unauthorized removal or detention.
On Wednesday (17 April), the President of the Slovak Republic returned to the National Council of the Slovak Republic an amendment to the Off-Line Civil Order. TASR reported on Thursday to Henrieta Hajtova from the press office of the President's Office.
As part of the Non-Economic Civil Order, the possibility of bringing an action for a retrial in the event of a decision on the return of a minor child to a foreign country should have been included since June. The legal norm comes from the workshop of non-attached Members Martina Šimkovičová and Petr Marček.
The purpose of the amendment is to authorize the bringing of a case for a retrial also against a final settlement in a case concerning the return of a minor to cases of unauthorized removal or detention. "Legislative change is based on the natural need to protect the lives of minors and to act in their best interests and beliefs," lawmakers said.
In its view, if Parliament had not allowed such an action for a retrial, it would have acted asymmetrically, in direct conflict with a fair trial, and would have seriously affected the rights of the parties, and in particular the rights of a minor child. "Since the court itself can not even anticipate the situation arising after the judgment in the main proceedings has become final, not to mention the possible shortcomings of the main proceedings," they added.
Blahova welcomes this
Natália Blahová (SaS), member of the National Council of the Slovak Republic, welcomes the step of the President, who returned the amendment to the Off-Line Civil Order to the Parliament. He agrees that the proposal was in direct contradiction to the stated interest in protecting the lives of minors and acting in their best interests and beliefs. "If the president approved the proposal of MPE Šimkovičová and Deputy Marček, Slovakia would become an eldorado of child abductors," explained Blahová.
If a mother or father abducts their child to another country in accordance with the International Convention on Child Abduction, the court in that country must decide within six weeks to return the child to the country of his or her habitual residence. "This project allowed for a lawsuit against a final and reopened judgment and reopen the entire return process. Especially children cut off from their families would suffer from an uncertain situation," she said.
Blaha said children are often held hostage by the courts, the state system and parents – kidnappers. In his view, this proposal has significantly worsened the situation and eventually legalized the abduction of the kidnappers. "It is in the child's special interest that these proceedings be concluded as quickly as possible. We believe parliamentarians will be fully familiar with the matter and will not accept a law that would conflict with the children's interests with the president's proposal," Blah said.