Realization of the Right to Custody - (In) efficacy of the State Cover Image

Ostvarivanje prava na izdržavanje - (ne) moć države
Realization of the Right to Custody - (In) efficacy of the State

Author(s): Nevena Petrušić, Slobodanka Konstantinović Vilić
Subject(s): Gender Studies, Law, Constitution, Jurisprudence, Family and social welfare
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Gender roles;Child support;Free legal assistance;Child support funds;
Summary/Abstract: Because of the patriarchal ideology and gender role stereotypes, mot-hers are the ones who most frequently have sole legal custody of the child, based on the certain legal agreement, or on certain decision of the court. This form of child custody means that the father is obliged to pay child support – allimony, in accordance with his possibilities and the child’s needs. However, in practice, child support avoidance is a frequent phenomenon, which causes children and mothers, especially the unemployed mothers, to fall below poverty line. The court realization of the legally enforceable right to child support is followed by many difficulties because the system of free legal assistance does not exist, and the regulations about the exemption from the previous obligation to pay legal fees and free legal representation are not applied. The enforcement of judicial decisions regarding the obligation to pay child support is extremely ineffective and inefficient, which has been confirmed by the recorded proceedings of the cases from different courts in Vranje, Preševo and Bujanovac, which refer to the enforcement of judicial decisions in child support trials. Taking into account the current significance of the right to child support, it is necessary to take measures in order to increase the efficiency of the court in terms of giving legal protection. It is highly important to establish child support funds which would provide child support in cases when parents avoid paying child support. The postponement of criminal trials (Article 283, Section 4 of the Criminal Procedure Law), which has, in practice, produced positive effects, should be applied more widely; also, positive effects can be produced by means of efficient court proceedings and adequate punishment of the perpetrators who commit a criminal act of the failure to comply with child support order.