Защитава ли уредбата на чл. 127а; алинеи 2–4 от Семейния кодекс най-добрия интерес на детето?
Does the Regulation of Article 127а; Paragraphs 2-4 of the Family Code Protect the Best Interests of the Child?

Author(s): Mihail Malchev
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Court case
Published by: Нов български университет
Keywords: Permission for a Child’s Travel Abroad; Absence of Both Parents’ Agreement; Best Interests of the Child; Case-law
Summary/Abstract: The review of the case-law on the application of the court proceedings under Art. 127a; para. 2-4 of the Family Code establishes contradictory permits; leading mostly to a slow course of the court proceedings and the lack of predictability of the outcome. In this way; the best interests of the child cannot be guaranteed. In this regard; the Bulgarian case law has been criticized in the case of Penchevi v. Bulgaria (application no. 77818/12; final judgment of 10.5.2015). In view of the identified problems in the application of the legal framework; according to the author; a legislative change in the regulation of court proceedings is required.

• Details
• Contents