Parents have the right and duty to provide parental care equally, jointly, and by agreement. Parental responsibility means the responsibilities, duties and rights of parents designed to protect and promote the child’s personal and property rights, as well as the child’s best interests.
When parents do not live together on a permanent basis, they are required to agree on the provision of parental care by drawing up a Shared Parental Care Plan to be confirmed by the court ruling on parental care. When providing shared parental care, parents must endeavour to resolve any issues by agreement.
The court will rule on parental care, in response to a proposal of one parent or based on an agreement of both parents in the divorce proceedings or in the decision-making process on parental care. The court ruling includes a decision on the parent with whom the child will reside, on the ways in which the child will maintain contact with the other parent, on the child’s maintenance and possible other important issues concerning the child.
Either parent may provide parental care on his/her own in full, in part, or to the extent required to decide on a particular important issue concerning the child, while the other parent’s right to provide parental care in that part may be restricted only by a court ruling, taking into account the child’s best interests.
Both parents, with the consent of the parent with custody over the child, may temporarily entrust the provision of parental care of the child, in full or in part, to a person who meets the stipulated requirements for a guardian.
If the parental care of the child is entrusted for a period longer than 30 days, a statement by the parents must be certified by a notary public (e.g. due to the parents’ hospitalisation, parents’ serious illness, parents’ departure abroad or other impediments).
Representation of a child
Parents providing shared parental care represent their child in dealings with third parties. It is considered that one parent may represent a child without the explicit consent of the other parent, except for representation of the child in essential personal matters relating to a change in the child’s name, change of permanent residence, freedom to choose or change his/her religious affiliation, representation in matters regarding the child's valuable assets and property rights, for which the consent of both parents and/or a court ruling is required.
Important decisions for the child may also take the form of other decisions that could significantly affect the child’s life, such as those concerning the child’s contact with persons close to him/her, extraordinary medical procedures or treatment, and the child’s freedom to choose a school. All such decisions will be valid provided the other parent consents thereto, and if the other parent objects, the court will rule which parent will represent the child in the given matter.
If parents fail to reach an agreement, the court will appoint a special guardian in marital and family disputes concerning parental care, in procedures contesting maternity or paternity, when there is a conflict of interests between the child and his/her legal representatives in property proceedings or disputes, or in instances of making certain legal transactions, and in other cases prescribed by the Family Act and special acts.
Children have the right to express their opinion in all court proceedings in which decisions are made on their personal and property rights.
As an exception, the court will enable a child under the age of 14 to express his/her opinion through a guardian or other professional person.
Guardianship for minors
A social welfare centre will appoint a special guardian for a child without parental care, acting as legal representative of the child. A child shall be entrusted for day-to-day care to a guardian, another person, foster family, children’s home or a legal person working in social care.
Children will be placed under guardianship in the following circumstances: if their parents are dead, have disappeared, are unknown or have had an unknown residence for at least one month; the parents are deprived of legal capacity in part, preventing them from providing parental care; the parents are minors and have not acquired legal capacity by entering into marriage; the parents are absent or hindered and unable to take care of their child, but have not entrusted the provision of parental care to a person who meets the requirements for a guardian; the parents have given their consent for their child to be adopted.
When appointing a guardian for a child, relatives of the child have priority, providing they meet the stipulated requirements for a guardian. While they are still alive, parents may, by means of a will or a notarial act (advance directive), designate a person whom they consider would provide best care to the child in the event of their death. In the procedure of appointing a guardian, the child is enabled to express his/her opinion.
Link: Family Act (Official Gazette, number: 103/15 and 98/19)
Parental responsibilities
Parental care comprises responsibilities, duties and rights as parents in caring for a child and protecting the child’s rights and welfare, and legal representation of a child.
Parents cannot waive their right to parental care.
Parents are required to provide parental care according to the child’s developmental needs and capabilities.
Parents are required to look after the child’s health, development, care and protection, upbringing and education, manage the child’s assets and represent the child.
Parents are required to listen to their children and consider their opinion when reaching decisions related to the child’s personal and property rights, in accordance with the child’s age and maturity.
A child has the right to health, safety and family upbringing appropriate with his/her physical, mental and other development needs, the right to live with his/her parents, and if parent live separately, the child has the right to parental care of both parents. A child has the right to the choice of education and occupation and the right to employment in accordance with his/her abilities and welfare.
Regardless of whether the parents live together or separately, they are jointly entitled to provide parental care. Only one parent shall care for the child if the other parent is dead, declared dead, deprived of parental care, fully deprived of legal capacity, partially deprived of legal capacity relating to parental care or hindered.
In other situations, either parent may provide sole parental care only by court ruling on providing sole parental care, in a particular matter, in part or in full, taking into account the child’s best interests.
Parental care shall cease at the age of majority of the child, upon reaching eighteen years of age.
Parents are required to support their adult child regularly attending formal schooling/studying, and for one year after the completion of education, up to the maximum age of 26.
Link: Family Act (Official Gazette, number: 103/15 and 98/19)
Child adoption including adoption from a spouse or extramarital partner parent of the child
Adoption is a special form of family and legal providing and protection of children without appropriate parental care which establishes a permanent relationship between parents and a child. Adoption gives the adopters the right to parental care.
Adoption establishes a permanent familial relationship and all ensuing rights and responsibilities. Adoption gives the adoptee and her/his descendants a right to inherit the adopters, their blood relatives and relatives by adoption.
A child may be adopted until the age of 18, if all the legal preconditions for adoption have been fulfilled and if the adoption is in the best interest of the child. Children who have reached 12 years of age give their consent to an adoption. Children have the right to know they have been adopted. In adoption procedures, care shall be taken to ensure that brothers and sisters are adopted by the same adoptive parents, where possible and when in the best interests of the child.
A child may be adopted by both spouses and extramarital partners together, by one spouse/extramarital partner if the other spouse/extramarital partner is the child’s parent or adopter, by one spouse/extramarital partner with the consent of the other spouse/extramarital partner, and by a person who is not married or in an extramarital union.
When a child is adopted by one spouse, or extramarital partner, the consent of the other spouse, or extramarital partner is required.
A social welfare centre shall issue opinions on eligibility and suitability for adoption. Participation in the specialist preparation programme for adoption (education) that is conducted during the procedure of issuing opinions is obligatory. Upon issuing positive opinions, prospective adopters are entered into the Register of Prospective Adopters in the Republic of Croatia.
Adoption of a child, including adoption from a spouse or extramarital partner who is the parent of the child
A parent may give consent for their child to be adopted by an adoptive parent known to them only if the adoptive parent is the spouse or extramarital partner of the child’s parent.
Rights and responsibilities between the adoptee and his/her parent who is married to/in extramarital union with the adopter, as well as the parent’s relatives, shall not be terminated.
The adoptee’s right to inherit her/his parents and other blood relatives shall be terminated by adoption, except towards the parent who is married to/in extramarital union with the adopter, and that parent’s blood relatives and relatives by adoption.
Link:
Family Act (Official Gazette, number: 103/15 and 98/19)
Cross-border maintenance payments
I/. Council Regulation (EC) No 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations.
Since 1 July 2013, the Regulation (EC) No 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations is applicable in the Republic of Croatia.
In order to facilitate cross-border recovery of maintenance claims, a system of cooperation has been established between Central Authorities designated by the Member States (except Denmark). The Ministry of Labour, the Pension System, Family and Social Policy carries out the duties of the Central Authority of the Republic of Croatia.
Creditors seeking to recover maintenance and debtors against whom there is an existing maintenance decision may make applications, using forms provided for in the Annexes to the Regulation, for the following:
Creditors seeking to recover maintenance may make applications for the following:
Recognition or recognition and declaration of enforceability of a decision
Enforcement of a decision given or recognised in the requested Member State
Establishment of a decision in the requested Member State where there is no existing decision, including where necessary the establishment of parentage
Establishment of a decision in the requested Member State where the recognition and declaration of enforceability of a decision given in a State other than the requested Member State is not possible
Modification of a decision given in the requested Member State
Modification of a decision given in a State other than the requested Member State
Debtors against whom there is an existing maintenance decision may make applications for the following:
Recognition of a decision leading to the suspension, or limiting the enforcement, of a previous decision in the requested Member State
Modification of a decision given in the requested Member State
Modification of a decision given in a State other than the requested Member State
If none of the above applications has been filed, it is possible to make a request for specific measures. In the request for specific measures, it is possible to request such measures that are useful and necessary to assist a potential applicant in making any of the above applications or in determining whether such an application should be initiated.
The Ministry of Labour, the Pension System, Family and Social Policy shall provide assistance in transmitting and receiving such applications, in initiating or facilitating the institution of proceedings in respect of such applications, assist in providing information on entitlements to legal aid in the State in which the application is submitted, etc.
II/. The 2007 Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, entered into force with respect to the Republic of Croatia on 1 August 2014.
The 2007 Hague Protocol on the Law Applicable to Maintenance Obligations is also in application in the Republic of Croatia.
III/. Convention on the Recovery Abroad of Maintenance, New York, 1956
The Ministry of Labour, the Pension System, Family and Social Policy carries out the duties of the Receiving (Mediation) Authority in procedures for maintenance claims received from other States party to the Convention, and the duties of the Transmitting Authority in procedures for maintenance claims from a debtor located in another State party to this Convention.
Detailed information on making applications for cross-border recovery of maintenance claims is available from contact details and useful links below:
Contact details of the Central Authority, and the Receiving Authority and Transmitting Authority of the Republic of Croatia:
Ministry of Labour, the Pension System, Family and Social Policy
Trg Nevenke Topalušić 1
10000 Zagreb
Telephone: 01 555 7111
Telephone number for calls outside of the Republic of Croatia: +385 1 555 7111
Fax: 01 555 7222
Email:
ministarstvo@mdomsp.hr
(Service for International Cooperation in the field of Protection of Children)
Useful links:
European e-justice portal
https://e-justice.europa.eu/home.do?plang=hr&action=home
https://e-justice.europa.eu/content_maintenance_claims-47-hr.do
https://e-justice.europa.eu/content_maintenance_obligations_forms-274-hr.do
https://e-justice.europa.eu/content_maintenance_obligations-355-hr-hr.do?member=1
EUR-Lex – Access to European Union law
http://eur-lex.europa.eu/homepage.html
Hague Conference on Private International Law
https://www.hcch.net/en/instruments/conventions/specialised-sections/child-support
Narodne novine (Official Gazette)
https://www.nn.hr/
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