In many cases, the Office acts as a conflict guardian of the child. As a result, the child is a full participant. The court, therefore, appoints the child's representative, a guardian.
The child's guardian before the court is often appointed by the municipality (in practice, the local social-legal protection of children, OSPOD), our Office, or attorneys.
The courts appoint our Office if the case is related to a foreign country or a cross-border issue.
What is the task of the guardian?
- To represent the child procedurally (to file motions, appeals, to comment on the actions of the parents),
- present the wishes and views of the child,
- defend the child's interest in the proceedings (not necessarily the same as the parents' interests).
How does our Office work as a guardian?
We try to:
- Work with both parents and seek their views (face-to-face meetings, online interviews),
- cooperate with the child (where appropriate and possible),
- to find out about the child's situation at home (if necessary, utilizing a 'home inquiry'),
- explaining the possible effects of a judgment in another country where the child will, for example, be commuting regularly.