Enforcement in family relations – the handing over and taking away of a child, with emphasis on the role of the guardianship authority

The enforcement of court decisions in family matters is becoming increasingly important in the legal system of the Republic of Serbia, which is a direct consequence of the rise in divorces and the growing need to regulate parental relationships after the dissolution of marriage or extramarital unions. It is expected that these provisions of the Law on Enforcement and Securing of Claims will be applied more frequently in the future, which necessitates their detailed consideration and analysis. Special attention should be paid to the specific enforcement mechanisms used in these cases, as well as to the impact that the enforcement of court decisions has on the child, parents, and other family members. The best interests of the child must remain the key criterion in enforcement proceedings in family matters, especially in cases concerning child custody, the regulation of personal contact with parents, and child support. Although the Law on Enforcement and Securing of Claims has specifically regulated this area, numerous dilemmas arise in practice, especially regarding the relationship between the court and the guardianship authority. The specificity of this procedure lies in the fact that, in certain situations, the court becomes an auxiliary body to the guardianship authority, even though its traditional role is the opposite — to make decisions that administrative bodies implement. This legal solution raises certain practical concerns and requires further consideration. This paper aims to analyze the legal framework for enforcement in family relations through the provisions of Articles 368–381 of the Law on Enforcement and Securing of Claims, with a critical review of the challenges in their application. Through the analysis of judicial practice and a comparison with potential alternative enforcement models, the paper highlights possible directions for improving the system to ensure greater legal certainty, protection of the child’s rights, and efficiency of the enforcement procedure.