Parent's disagreement to changing the child's permanent residence: Procedural dilemmas and possible solutions

Abstract

In the case when the parent who does not exercise parental rights does not agree with the change of permanent residence of the child, i.e., doesn't agree with the child moving abroad with a parent who independently exercises parental rights, courts in Serbia, as a rule, take the position that only because they did not give consent, the parent who does not exercise parental rights should be partially deprived of the parental rights and thus enable the other parent to independently decide on the change of permanent residence. In the theory of family law, this practice has been criticized as unacceptable, therefore there is a need to explore other procedural possibilities in such situations.

Keywords

• partial deprivation of parental rights
• (dis)agreement of a parent with change of permanent residence of the child
• procedure
• court protection