Parental custody (parental care) entails the rights and obligations relating to the care of the child's life and health, his upbringing, protection and nursing, supervision of the child and care for his education, and the obligations and rights of parents relating to the representation and maintenance of the child and management of his assets. Your parental custody rights are protected by the human right to family life.
Content of custody rights
As a parent, you exercise custody over your child until he/she reaches the age of majority. The main rights and obligations related to custody in Slovenia are set out in the Family Code.
Care
Care for a child encompasses such aspects as providing for his/her maintenance, including financial contribution to the child’s everyday needs, health care, upbringing and education. The fulfilment of these commitments is indispensable for a child’s complete mental and physical development.
Supervision
You must ensure the safety of your child and as far as reasonably possible protect him/her from potential danger posed by other persons.
Determination of the place of residence
You have the right to choose the place of residence of your child, which includes the choice of:
- the geographical place of residence, namely, the particular country and city/town, and
- the particular home
Joint & Separate custody
Parents may exercise custody rights jointly or individually. Custody rights may be exercised individually if separate custody is agreed upon by the parents or determined by a court. One parent also exercises custody rights separately if the other parent has been fully deprived of custody rights. Read more about different types of custody.
Termination of custody
Parental custody is terminated when a child reaches the age of majority, on a child’s or parent’s death, the child’s adoption, or withdrawal of parental custody rights. Certain aspects of parental care may also be restricted for a certain time.
Read more about restriction and withdrawal of custody.
Length of decision-making & Enforcement process
Effective respect for family life requires that termination of custody rights, their restriction and any disputes related to them should be decided as soon as possible. State authorities should conduct custody proceedings with extra care and not cause unnecessary delays.
If you have been granted separate custody over your child, the enforcement of this decision as soon as possible is in your interests. A prolonged enforcement procedure may violate your right to a private and family life. One can also request that effective sanctions are imposed on the other parent if he/she does not obey the court’s decision. Read more about the enforcement procedure in the Enforcement and Security Act.
What human rights violation may there be?
The withdrawal and suspension of parental custody may violate your right to family life. The delayed enforcement of a judgment on separate custody or on an annulment of restrictions on your custody rights, may also violate your right to family life and right to a fair trial.
If your custody rights are suspended or withdrawn only because of your sexual orientation, age, religious conscience, political affiliation, national or ethnic origin or on other similar grounds, it may violate the prohibition against discrimination.
Read more about how to complain in order to protect your rights.