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Faculty of Law, MB University in Belgrade , Belgrade , Serbia
Faculty of Law, MB University in Belgrade , Belgrade , Serbia
In this paper, we will deal with guardianship authorities that participate in the enforcement of decisions in the field of Family Law.The Law on Enforcement Procedure prescribes basic procedural rules of importance for the execution of court decisions in the field of family relations - family law, which refer to the surrender and confiscation of a minor child (Official Gazette, 2004). The provision of Article 222 prescribes the local jurisdiction of the court in the procedures of execution of decisions on surrender and confiscation of a minor child, so that for deciding on the proposal for execution of the court decision ordering the surrender of the child , the competent court which is generally territorially competent for the party requesting enforcement, as well as the court in whose territory the child is located (Official Gazette, 2005). According to Article 223 of the same law, an active identification card for submitting a motion for enforcement may be submitted by a parent or other person to whom the child is entrusted for custody and upbringing, as well as a guardianship authority. The manner of conducting the execution is prescribed by Article 224 of the same law. In the execution procedure, the court pays special attention to the need to protect the best interests of the child. With this provision, the legislator foresaw a kind of gradualness in coercive measures, so he prescribed that the court will leave the enforcement debtor a period of three days from the date of delivery of the decision to hand over the child to a parent or other person or organization entrusted with custody. education, under the threat of a fine.
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