Kihagyás

What are the rules for Surrender of a Child?

In the enforcement order the court shall request the respondent to comply voluntarily within the prescribed time limit, and shall order to obtain surrender of custody of the child with police assistance in the event of non-compliance.

The bailiff shall make available the enforcement order and the copy of the court decision serving as grounds for enforcement to the guardian authority as well, including a notification for such authority to conduct on-site proceedings, to inform the respondent as to the consequences of failure to comply voluntarily, stressing the importance of protecting the child from having to go through said police action regarding custody, and to advise the bailiff on the ensuing results within fifteen days of receipt of the enforcement order.

In the event of non-compliance the bailiff shall schedule the on-site procedure and shall notify the party requesting the enforcement, or, if not available to his representative appointed in accordance with Paragraphs a)-c) of Section 65 of the CPC and approved by the custody office, the guardian authority and the police. If the proceedings fail, the bailiff shall directly notify the aforementioned parties concerning the date set for the new proceedings.

The bailiff shall carry out the procedure for having the child surrendered at the residence of the obligor – or if the child is not there, at the residence of the child – under assistance by the police and the custody office. The child has to be returned to the person applying for enforcement or, if not available, to his representative approved by the custody office or to the custody office.

The obligor shall, without undue delay, deliver the child’s documents, personal articles, the necessary clothing items, the instruments essential for regular studies, any medication the child is taking due to sickness or handicap, medical and technical aid to the person to whom the child is delivered.

If the obligor or the child to be returned cannot be found at their registered domicile or habitual residence, or at any other address known to the authorities, the bailiff shall issue a warrant to locate them, or an international warrant where it is deemed necessary. (Vht. 180.§, 180/A. §)

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