Skip to content Skip to footer

The Right of the Child To Maintain Personal Relations With…

Jelena Plamenac • jan 16, 2024

The Right of the Child To Maintain Personal Relations With the Parent With Whose Child Does Not Live

In Vol. 1 of Collected Papers of the 36th meeting of Kopaonik School of Natural Law – Slobodan Perović, there is published scientific paper of our colleague Jelena Plamenac, Senior Attorney at Law and Manager of Civil Issues Department, on the topic of the child’s right to maintain personal relations with the parent with whose child does not live.

Within the corpus of children’s rights guaranteed by the Convention on the Rights of the Child (Official Gazette of the SFRJ, no. 15/90, 4/96, 2/97) – CRC and under the Family Law (Official Gazette of the RS, no. 18/05, 72 /11, 6/15) – FL, there is the right of the child to maintain personal relations with the parent with whose child does not live, as well as with relatives and other persons with whose the child has a special closeness.The right of the child to maintain personal relations with the parent with whose child does not live is a part of more general right – right to respect for family life. Right of the child to maintain personal relations is interesting for analysis in practice, due to the fact that there are legal, but not essential mechanisms by which a child could „force“ a parent with whose child does not live, relatives, or close persons to realize it. Based on that reason, there are different opinions in the scientific literature is it right of the child at all, or the right of the parents or other relatives. In fact, without honest willing of persons who are entitled to have a personal relation with child, the core of that righ will never be achieved. In accordance with that, arises a question of real meaning and reach of this right, while the object of special analysis are challanges which we can find in domestic practice while making a decision how this rifht will be performed.

Full paper is available via link:

https://kopaonikschool.org/wp-content/uploads/2024/01/Kopaonik_TOM_I_2023.pdf