Višje sodišče v Ljubljani; 2020-04-17; IV Cp 503/2020
Decision by national courts in the field of European Union law — ECLI:SI:VSLJ:2020:IV.CP.503.2020
Date: 2020-04-17
Subject matter: Judicial cooperation in civil matters
Origin: Slovenia

82020SI0417(51)_ENG_SUMJURE
JURE summary
JURE summary
The purpose of the Hague Convention (1) is not to resolve the dispute on the merits, but to restore the previous situation so as to enable the competent authorities of the State from which the child was removed to decide, in accordance with their national law, on the question of parental responsibility for the child.
The new Brussels II Regulation (2) lays down rules on jurisdiction, recognition and enforcement of judgments, and also contains specific provisions on jurisdiction in cases of child abduction. However, it does not regulate the substance of legal protection. The form and content of legal remedies available fall within the competence of the national court. The new Brussels II Regulation ensures that the courts of the State of origin retain jurisdiction to determine questions of parental responsibility, irrespective of the abduction.
Parents do not have a prominent role in the conduct of an informal interview with the child. Pursuant to Article 96(2) of the ZNP-1 (3), such an informal interview is always conducted in the absence of the parents. For the protection of the child’s best interests, the court may even decide not to allow the parents to inspect the record, or to listen to or watch a recording of the interview.
The centres for social work act as professional assistants to the court. Their opinions carry significant weight in the proceedings; however, the courts are not bound by them absolutely. It is the court’s duty to assess the opinion and to reach a decision, taking into account the rest of the evidence.
(1) Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction.
(2) 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.
(3) Zakon o nepravdnem postopku (Non-Contentious Civil Procedure Act).