Paula Poretti, PhD Faculty of Law J.J. Strossmayer University of Osijek

Legislative framework Family Act (2003) ( )Family Act (2015) November 1  Family act 2003  - special provisions on enforcement of maintenance orders  -special provisions on temporary maintenance  Enforcement Act (lex specialis)  Family act 2015  -special provisions on enforcement of maintenance orders  Temporary maintenance Act 2014  Enforcement Act (lex specialis)

Enforcement title document Court proceedings  MARRIAGE  Decison on divorce, annulment (ex officio)  COHABITATION  Maintenance claim  MARRIAGE  Plan on joint parental care (agreement)  OR  Decison on divorce, annulment (ex officio)  (simplified) Non contentious proceedings  COHABITATION maintenance claim

Enforcement Regular income No income (property-real estate)  Enforcement of monetary claims  FINA  or  Court proceedings  Enforcement of monetary claims  Court proceedings  Surrender and sale of real estate

Problems  1. Duration of court proceedings  - no time limits  - no limits of legal remedies  Interim measure (Art. 356 Family act 2003)   Only several requests  Unfamiliar??

 2. Dissmissal of motion for execution a) Execution of a monetary claim (bank account) - request to FINA (primary) - request to court (secondary) b) Execution of a monetary claim (property) - request not defined c) Execution of a monetary claim -request not defined (no PIN, cro. OIB)

 3. Duration of execution procedure  Legal remedies - Appeal - Revision on points of law - Deferment of execution (irreparable or nearly irreparable damage/prevention of violence)

 4. Temporary maintenance  2014  3,9 mil euro  June 2015  children (50 % of the amount)  under the age of 6 60 euro  7-12 years 70 euro  years 80 euro

 November 2015  Family Act 2003  - Art. 352  No maintenance  6 months continuously  7 months with interruptions  Temporary maintenance Act 2014  Whole/in part for 3 months continuously

Family Act 2003 Temporary Act 2014 NO manipulation amounts of several euro 7 months 3 months requests for refund requests for refund

 5. Decisions in criminal proceedings  NO maintenance - criminal offence (Criminal Code)  Prosecution at the request of social welfare center  persons only 20 persons punished by imprisonment OTHERS conditional release (parole)

 6. Other problematic aspects  Agreements with the employer to lower the income  Amounts for maintenance (exempt from seizure) seized by the bank

 7. ECHR  Orel v. Croatia  Communicated on  The applicants complain, under Article 6 of the Convention, about the inability to enforce a final judgment in their favour.  They also complain, under Article 8 of the Convention, about the failure of the State to enforce the payment of maintenance instalments for children.  Finally, they complain under Article 1 of Protocol No. 1 to the Convention, about the failure of the State to protect their proprietary interests.

Concluding remarks  Family Act 2015  Novelties in regulation of maintenance  Goals  Urgent proceedings  (Peaceful) settlement of disputes (plan on joint parental care)

 Settlement as precondition for fullfilment of obligations  Limitation of available legal remedies  Advice on available legal aid  Punishment by imprisonment

 Thank you for your attention! 