Pravni položaj djeteta u slučaju prestanka izvanbračne zajednice
The Legal Position of a Child in the Case of the Termination of a Non-Marital Union

Summary/Abstract: The author analyzes legislative solutions and presents her views on the legal position of a child in the event of the termination of an extramarital union. First, the very concept of an extramarital union will be defined, as an informal legal category, and then the solutions on the decision-making process on issues of which parent a minor child will live with, on the manner of maintaining the relationship and direct contact of the child with the parent, and on parental care and support in the event of the termination of an extramarital union, offered in the Bosnian and Herzegovinian law and the comparative law of certain post-Yugoslav countries, will be analyzed. After analyzing the offered legal solutions, the shortcomings of the legislative regulations will be pointed out and certain proposals will be proposed de lege ferenda, with the aim of amending and supplementing the Family Law of the Federation of Bosnia and Herzegovina by prescribing mandatory mediation before the guardianship authority before initiating other court proceedings on the exercise of parental care and personal relations with the child (in addition to divorce proceedings in which there is a common minor child), and enabling the initiation of proceedings based on a joint request for a decision on parental care in situations where the parents have previously reached an agreement on joint parental care, which would represent a written agreement of the parents on the method of exercising parental care in circumstances in which the child's parents do not permanently live in the family community, which would achieve the protection of the child's interests with significantly shorter and more efficient procedures, compared to the existing ones.

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