In many cases, the Office acts as a guardian ad litem of the child. The child is a full participant in the proceedings, but is unable to defend himself or herself, so the court appoints a guardian ad litem for the child.
Municipalities are most often appointed as the guardian of the child before the court (the practical execution is carried out by the local authority for social and legal protection of children, i.e. OSPOD), the Office for International Child Protection, 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 parent's interests and in some cases even the child´s wishes)
How does our Office work as a guardian?
We try to:
- cooperate with both parents and seek their views (face-to-face meetings, online interviews)
- cooperate with the child (where appropriate and possible), and inform them appropriately about the court proceedings
- to find out about the child's situation at home
- explaining the possible effects of a judgment in another country (e.g.where the child will, for example, be commuting regularly)