The child’s best interests are the primary concern
Parents have priority over all other persons when it comes to the right and obligation to protect the rights and best interests of their children. They are responsible for their children’s life and health, for their care and upbringing, and for their supervision and education. Parents also have the right and obligation to represent and provide for their children and manage their assets. Parents are obliged to provide their children with conditions for healthy growth and balanced personal development and prepare them for independent life and work.
If parents fail to exercise the aforementioned rights or carry out the aforementioned obligations, or if they fail to exercise and carry out such in the best interests of the child, the court and a social work centre intervene in the parents’ parental responsibility in order to protect the child. In such cases, the court and the social work centre are obliged to carry out the necessary actions and measures for the upbringing and care of the child and for the protection of the child’s property rights and other rights and interests. Such measures are taken with the exclusive purpose of protecting the child and not with the purpose of punishing the parents for their actions. Measures to protect the child’s best interests take the form of interim injunctions, the emergency removal of a child and measures of a more permanent nature.
If parents do not live or will no longer be living together, they must agree on the care and upbringing of their children, the contacts of the children with their parents, and the amount of maintenance. If the parents cannot reach an agreement on these issues, a social work centre or, at their request, a mediator, will help them to reach an agreement. If after this the parents still fail to reach an agreement, the matter will be decided by a court.
Sometimes parents fail to comply with what has been agreed upon. In such cases, various methods are employed to ensure that the child’s best interests are protected to the best extent possible. If the respondent fails to pay maintenance, the child may exercise the right to maintenance compensation with the Public Scholarship, Development, Disability and Maintenance Fund of the Republic of Slovenia. We also provide assistance regarding the recovery abroad of maintenance payments and take action in cases when one of the parents removes the child from the country without the consent of the other parent.