In a family dispute, the court discusses, among other things, decisions on divorce, on the entrustment of minor children, on measures to protect against domestic violence, and very often on deprivation of parental rights, according to a criminal law firm in brampton. As topics are often raised in the public that the community and institutions, in this case, the police, the court and the guardianship authority are not sufficiently available to citizens when it comes to family protection, and news is heard that citizens have in vain addressed this protection by offering various types of evidence, in this text we will deal with the evidence in a family dispute, with particular reference to the evidence before the court when it comes to protecting the rights of the child.
Namely, the rights of the child are guaranteed by all other regulations of the Constitution, which stipulates that children enjoy human rights appropriate to their age and mental maturity and that children are protected from psychological, physical, economic and any other exploitation or abuse. The constitution also proclaims the right and duty of parents to support, educate and educate their children, and that all or some of the rights of one or both parents may be revoked or restricted by a court decision, if it is in the best interests of the child, in accordance with the law. Furthermore, the Constitution provides special protection for the family, and it is proclaimed that the family, mother, single parent and child in the Republic of Serbia enjoy special protection, in accordance with the law.
The Family Law, when it comes to proceedings concerning family relations, first of all prescribes the special urgency of the procedure, if the same applies to a child or parent exercising parental right. In view of the above, to clarify this urgency, the law regulates that this procedure should be conducted as a rule at a maximum of two hearings, and that the first hearing is scheduled to be held within 15 days from the day the lawsuit or motion is received in court. and that the court of second instance is bound to render a decision within 30 days from the day on which the appeal was served.
Therefore, the court’s first duty is to act urgently
When it comes to evidence, the most important thing is not to start by pointing out the principle of inquiry prescribed by the Family Law. Namely, in proceedings concerning family relations, the court can determine the facts even when they are not in dispute between the parties, and it can independently investigate the facts that neither party has presented. Therefore, the disposition of the parties, which is the primary type of disputes in the other type of dispute, is suspended in these proceedings – by the investigative principle.
It follows from the foregoing that it is the duty of the court, in situations where the rights of the child are concerned, to consider and determine all relevant facts, having regard to the best interests of the child, whether or not one of the parties proposes to adduce evidence, even if the parties they oppose it.