Realisation of a Right of Access to a Child in Czech Republic and in Germany

Autor	Mgr. Romana Rogalewiczová
Organisation	Masarykova Univerzita, Právnická fakulta, Právo a právní věda
Year	2012
Research type	Ph.D. thesis
Annotation	The right of access to a child is guaranteed in international conventions and in national legal regulations The thesis tries to answer the following questions: What are the situations in which it is necessary to modify the access of a parent to a child, how does it come to these situations and what kind of complications can come (and usually appear) by law-suits about the care of children and about the extent of access to a child. The most important part of the thesis deals with legal regulations of right of access in Czech Republic and in Germany. This part is mostly focused on the regulation of family law, marginally it also deals with the process law. In connection with the German legal regulation a reader is informed about the so called Cochemer practice. The thesis deals with problems connected with cross boarder realisation of the right of access to a child, it introduces the activity of Office for International Legal Protection of Children and also the activity of European Court of Human Rights and it presents some cases and case-law of the European Court of Human Rights relevant to the topic. The last part of the thesis provides some proposals targeted to improve the realisation of right of access to a child.
Keywords	Right of access, family law, prohibition of realisation of access, parental responsibility, restriction and interdiction of access, extent of access, enforcement of judgement obstruction of enforcement of a formal decision, liability for damage, European Court of Human Rights, Office for International Legal Protection of Children, social case office, Cochemer practice
Research type	unrepeated research, comparative research
Start date
End date
Obor	AG Juridical sciences
Email	redakce@mesec.cz
Availability	available in the NRVDM electronic library
Download research	1371537956.pdf
Organisation	Masarykova Univerzita, Právnická fakulta, Právo a právní věda
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