We have received several questions from journalists in regard to a specific matter that has been attracting a lot of media attention lately. As the Human Rights Ombudsman of the Republic of Slovenia (the Ombudsman) is not allowed to take a stand in concrete matters, we thereby offer our position of principle:

The child’s best interest is primarily determined consensually by their parents. If the parents fail to agree on the child’s best interest, it shall be decided on by the competent court after it has examined and considered all of the relevant circumstances.

The court has to consider the child’s best interest in all proceedings and stages, meaning that once an enforceable court decision has been made, its enforcement may not be avoided, not even by invoking the child’s best interest. Avoiding enforcement of a court decision stands, therefore, in contradiction to the child’s best interest. The child’s best interest may only be invoked in simultaneous consideration of applicable regulations and within their framework, but certainly not by disregarding such regulations.

Non-compliance with an enforceable court decision may also represent a criminal act committed to the detriment of the child. The child’s best interest demands that competent bodies take prompt action in accordance with the regulations.

The police should, therefore, immediately establish the child’s whereabouts in such events, and the state prosecutor should establish the existence of elements of criminal conduct and prevent the perpetrator from implementing further violation of the child’s best interests.