The other parent won't let me see our child
What to do when the other parent prevents contact with the child contrary to an agreement or court decision.
What to do
A child's right to maintain personal relations with the parent they do not live with, and that parent's right to contact with the child, are governed by the Family Act (Porodični zakon) and, as a rule, spelled out by an agreement or a judgment - most often within divorce proceedings. If such a decision exists and the other parent is not complying with it, the first and least formal step is to contact the center for social work at the child's place of residence. The center can mediate between the parents, and its record of reported obstructions of contact is often useful later, if the matter goes to court.
If mediation does not help, the next step is a motion to enforce the existing decision, filed with the court that issued it. Enforcement proceedings in these cases are conducted with the mandatory participation of the guardianship authority, and, as needed, a psychologist, a school, or a family counseling service are also involved, given the sensitivity of the situation for the child. If the parent still does not comply with the court's order, the law provides for a fine, and, as a last resort, imprisonment until the order is complied with; obstructing enforcement of a decision on personal relations between a child and a parent is also a criminal offense.
If no court decision on contact exists at all, for example when the parents were never married, proceedings must first be initiated to obtain one, either by agreement or by claim, before enforcement can be sought.
When to contact a lawyer
Contacting the center for social work is possible without a lawyer. A lawyer becomes useful the moment a motion for enforcement, or a claim to regulate or modify the contact arrangement, needs to be drafted, or when the other parent already has an authorized representative. It is also worth consulting a lawyer before taking any steps that might look like unilaterally resolving the dispute, as that can make later court proceedings more difficult.
Sources
What to do
- Check whether a court decision or settlement already exists setting out how personal relations between the child and you are to be maintained - a divorce judgment, a court settlement, or a decision issued in separate proceedings.
- If a decision exists and the other parent is not complying with it, contact the center for social work (centar za socijalni rad) at the child's place of residence. The guardianship authority can mediate between the parents, and its record of attempts and obstruction of contact is useful as evidence in later proceedings.
- If mediation does not lead to compliance with the decision, you can file a motion to enforce that decision with the court that issued it, based on the Law on Enforcement and Security (Zakon o izvršenju i obezbeđenju). An expert from the guardianship authority takes part in the enforcement proceedings, and, if needed, a psychologist, a school, or a family counseling service.
- If the parent continues to disregard the court's order in the enforcement proceedings, the law provides for a fine, and, as a last resort, imprisonment of up to 30 days, until the order is complied with.
- If no court decision on contact exists at all - for example, the parents were never married and the matter was never regulated - proceedings must first be initiated (by claim or by agreement) to regulate the exercise of parental rights and the contact arrangement, and only then, if the decision is not complied with, can enforcement be sought.
- Obstructing enforcement of a decision on maintaining a child's personal relations with a parent is also a criminal offense, for which a criminal complaint can be filed with the competent public prosecutor's office.
What it costs
Mediation before the center for social work is a public service provided free of charge. Court and enforcement proceedings carry a court fee and a possible lawyer's fee; the exact amount depends on whether only enforcement of an existing decision is sought, or also its modification, or the initial regulation of contact.
Basis for the attorney fee: Tariff item 1 of the Law on Court Fees (Zakon o sudskim taksama), if a claim is filed to regulate the exercise of parental rights or the contact arrangement. The exemption in Art. 9 of that law covers persons claiming statutory maintenance, not enforcement of a decision on personal contact; the court may waive the fee based on the party's financial situation (Art. 10). Attorney's fee for the claim: tariff item 14 of the Tariff on Attorneys' Fees and Expense Reimbursement (Tarifa o nagradama i naknadama troškova za rad advokata) (disputes on parental rights and personal contact with the child, 550 points).
FAQ
What if the other parent breaches an arrangement that was never confirmed by a court?
An informal arrangement that was never incorporated into a judgment or a court settlement cannot be enforced. In that case, the first step is to attempt mediation through the center for social work, and if that does not lead to a resolution, court proceedings follow to regulate how personal relations are to be maintained.
Can I just go and pick up the child myself if they aren't handed over at the agreed time?
Taking the child on your own initiative, outside the agreement or court decision, is not a substitute for the enforcement proceedings provided by law and can further complicate the situation. The lawful route is a motion to enforce the existing decision, with the participation of the guardianship authority.
What if the child simply doesn't want to see me?
The court and the guardianship authority take the child's opinion into account, particularly for a child who is at least 10 years old, and a child of 15 decides independently on maintaining personal relations with a parent. This is assessed within the proceedings and is not resolved unilaterally by the parent who withholds the child.
How long do enforcement proceedings for contact with a child take?
The law sets no uniform duration. It depends on whether the debtor-parent voluntarily complies with the court's order, whether enforcement needs to be carried out repeatedly, and whether additional measures such as a fine are applied.