Zaštita najboljeg interesa djeteta u postupcima ovrhe radi ostvarenja osobnih odnosa i neposrednih kontakata roditelja s djetetom
Protection of the best interests of the child in enforcement proceedings for the purpose of establishing personal relationships and direct contact between parents and the child

Summary/Abstract: The paper discusses the specifics of enforcement proceedings in family matters, with a special emphasis on enforcement for the purpose of establishing personal relationships between parents and children. In all proceedings relating to children, it is important to first and foremost achieve the best interests of the child, which have priority over other interests and demands. Protecting the best interests of the child in enforcement proceedings for the purpose of establishing personal relationships between parents and children would mean a requirement that enforcement be carried out in a way that personal relationships and direct contacts benefit the child or possibly in a way that will be least harmful to the child, while ensuring that the child is not exposed to unnecessary stress and that enforcement actions are adapted to the circumstances of each specific case. By analyzing the existing legal solutions offered in the Family Law of the Federation of Bosnia and Herzegovina and case law, and comparing them with solutions offered in comparative law, the authors defend the position that enforcement for the purpose of establishing personal relationships and direct contacts between parents and children necessarily requires normative regulation in the form of special legal rules, separate from the rules for enforcement for the purpose of handing over a child. A special chapter is dedicated to the analysis of relevant decisions of the European Court of Human Rights, because the problems of individual parents with whom the child lives not complying with enforceable court decisions, and the inability of the state to ensure the enforcement of personal relations between the child and the parent with whom the child does not live, often call into question the realization of the Convention right to respect for the family life of that parent. Based on the analysis, de lege ferenda proposals for amendments to the Family Law of the Federation of Bosnia and Herzegovina are presented with the aim of more effectively protecting the best interests of the child, as well as exercising his or her right to express his or her opinion and be heard in these proceedings.

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