FAQ

The institute of the Commissioner for Children was established by Act No. 176/2015 Coll. on the Commissioner for Children and the Commissioner for People with Disabilities, where this law granted the Commissioner an independent mandate, which is defined in this law in Art. 2 par. 2 that defines the Commissioner for Children as an independent authority that performs their functions separately from other authorities, where everyone has the right to contact the Commissioner for Children in the matter of infringement upon or threats to children’s rights.

Among other duties, the Commissioner monitors compliance with the rights of children, in particular by independently investigating the fulfilment of obligations arising from international treaties by which the Slovak Republic is bound, and by research and surveys aimed at monitoring the situation and developments in the area of children’s rights.

A child has the right to turn to the Commissioner even without their parents’ knowledge. Act no. 176/2015 Coll. on the Commissioner for Children and the Commissioner for People with Disabilities and on changes and amendments to certain acts (hereinafter referred to as “the Act”) in Art. 2 par. 4 stipulates: A child has the right to contact the Commissioner for Children either directly or through another person, including without their parents’, tutors’, guardians’ knowledge and/or without informing other persons to whom the child is commissioned into foster care.

The Commissioner for Children is authorised to talk, without presence of third persons, to a child placed in a custodial establishment, a prison, in an establishment providing protective medical treatment or protective social retraining for young offenders or in an in-patient treatment facility, reformatory home or any place where the child is submitted to execution of a preliminary ruling (currently imminent ruling). This authority of the Commissioner for Children is established in Art 4 par. 2 letter (b) of the Act.

A child, like an adult, has the right to freely express their opinion and will. Such an expression should be duly respected in view of the intellectual maturity of the child. The expression of the child’s will, however, must be interpreted in the context of the child’s best interests. It is not always true that the child’s expression is in accordance with their best interest. This applies especially to the statements of young minors. There are cases when a child is influenced by one of the parents (especially in younger children). In this case, the court must very sensitively examine the expression of the child’s will and their opinion. To fulfil this purpose, the hearing of the child by the court in accordance with Art. 38 of the Code of Non-Contentious Civil Procedure may be used, and an expert opinion may be ordered, if necessary.

Both parents have parental rights and responsibilities. In their exercise, they are obliged to protect the interests of the minor. Parents of a minor who do not live together can agree at any time to adjust their parental rights and obligations. If they do not agree, a court can modify the exercise of their parental rights and obligations. In case it is necessary to modify parental rights and obligations without delay, a court can temporarily modify them in the form of an imminent ruling. Such a form of “temporary” measure will be effective until the competent court makes a final decision on the matter in question.

Pursuant to Art. 324 par. 1 of the Code of Civil Dispute Procedure, before the start of the proceedings, during the proceedings and after the end of the proceedings, the court may order an imminent ruling upon motion.

Pursuant to Art. 325 par. 1 of the Code of Civil Dispute Procedure, the court can order an imminent ruling if it is necessary to adjust the conditions without delay.

Pursuant to Art. 367 par. 1 of the Code of Civil Dispute Procedure, the court can order, as an imminent ruling, that the person who has the minor with them commission the minor to the care of the person designated by the court, or to alternate individual care.

Following on from the above, it should be noted that the basic criterion for ordering an imminent ruling is the need to adjust conditions without delay. An example of the need for immediate adjustment of conditions is a threat to the life and health of a child. This can be applied even if contact with the child by one of the parents is not regulated by the court.

As part of this question, the cause of the child’s rejection of the parent must first be examined. There can be many reasons. In the case of serious causes, which can be e.g. traumatic experiences of the child with one of the parents (e.g. domestic violence) or the child’s poor health caused by such experiences, the child must first of all be given time to fully recover in order to avoid permanent repercussions. In the event that the cause of the child’s rejection of the parent is insufficient and inadequate preparation (e.g. the child’s positive motivation is absent), legal steps to restore the parent-child relationship should be considered. In such a case, it is possible to consider submitting a proposal to adjust the contact between the child and the parent through an accredited entity in the field of child psychology (assisted contact).

In cases of bullying and psychological abuse at school, contact your child’s class teacher first. If bullying continues, contact the school principal. If this does not help either, contact the State School Inspection with a request for an investigation. You can find more information here.

In cases of the crime of maltreatment of a close and entrusted person, pursuant to Art. 208 of the Criminal Code no. 300/2005 Coll. as amended, it is necessary for you to contact law enforcement authorities or the relevant District Directorate of the Police Force, which is the District Directorate of the Police Force where the maltreatment of a close and trusted person took place or is taking place.