Višje sodišče v Ljubljani; 2019-03-14; IV Cp 436/2019;Višje sodišče v Ljubljani; 2019-02-14; IV Cp 436/2019
Decision by national courts in the field of European Union law — ECLI:SI:VSLJ:2019:IV.CP.436.2019
Date: 2019-03-14;2019-02-14
Subject matter: Judicial cooperation in civil matters
Origin: Slovenia

82019SI0314(52)_ENG_SUMJURE
JURE summary
JURE summary
The interim order was issued on the basis of Article 411 of the ZPP (1), under which the court may, during proceedings in disputes arising from relationships between parents and children, on the application of a party or of its own motion, issue interim orders concerning the custody and maintenance of the parties’ children.
The court must make such a decision in particular where the necessity of issuing it has been established as urgent, because otherwise the child’s best interests would be at risk. This guiding principle is no different in cases where proceedings for the return of the child under the Hague Convention (2) or under the new Brussels II Regulation (3) are pending concurrently, or where such proceedings have already been concluded.
The decision in those proceedings does not constitute a decision on a preliminary issue for the purposes of the present proceedings. Although it is based on findings regarding the child’s habitual residence and the existence of obstacles to the child’s return – matters that are (at least partly) relevant also to the decision in the present case – these are factual findings forming the basis of that decision, not a decision (in the operative part) on a right or legal relationship.
(1) Zakon o pravdnem postopku (Civil Procedure Act).
(2) Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction.
(3) Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000.