Preživljanje otrok - analiza primerov z mednarodnim elementom
Maintaining Children - the Analysis of Case Law With International Dimensions

Author(s): Katja Drnovšek, Suzana Kraljić
Subject(s): Law, Constitution, Jurisprudence, International Law, Court case
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Right to maintenance; Enforcement of maintenance; Child maintenance; Cross-border dispute; Maintenance debtor; Maintenance beneficiary; Jurisdiction;
Summary/Abstract: The already complex issue of child support enforcement, which is a critical factor in ensuring the child's best interest in all cases where the child does not live with the persons obliged to support them, gains additional dimensions in an international environment. International conventions, bilateral and multilateral agreement, and European legislation- most notably Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance with the Hague Protocol, and Council regulation (EC) no 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations - have undoubtedly facilitated cross-border enforcement of maintenance claims in cases where the maintenance debtor does not reside in the Republic of Slovenia. However, in practice, the parties involved in proceedings are faced with some ambiguities and uncertainties that can bi partly attributed to the multitude of applicable legal acts and the result in variety of situations depending on the country of residence of the maintenance debtor and the beneficiary, which further exacerbates the general reluctance of parties involved in international proceedings. The article will provide a general overview of the Slovenian regulation of the right to maintenance and the specifics of enforcing unpaid maintenance before Slovenian courts. Furthermore, it will focus on analyzing relevant Slovenian case law with an international element, with particular attention paid to evaluating the use of European and international legal acts before Slovenian courts and the problems faced by participants in the proceedings.

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