Contact between a child and the current partner of the former spouse

If the spouses undergoing divorce are unable to reach an agreement on the terms of contact with their minor child, the court shall determine the contact arrangements between the parents and the minor child in the divorce decree. However, the rules thus established apply solely to the individuals to whom the decision is addressed; they cannot be construed to impose restrictions or prohibit contact with the child by other persons with whom the divorced parents come into contact.

The Family Act (hereinafter referred to as the “FA”) also contemplates situations where, if necessary in the best interests of the minor child and if required by family circumstances, the court may regulate the child’s contact with close persons (§ 25(5) FA). Close persons, pursuant to Section 116 of the Civil Code, are by law always considered to be relatives in the direct line, siblings, and spouses. In addition to the term “close persons” as defined in the cited provision, the law also recognizes persons who are deemed to be close even in the absence of a formally established family-law relationship, provided that they are in a familial or similar relationship and that harm suffered by one of them would be reasonably perceived by the other as their own. “The application of this provision in divorce proceedings is, however, not feasible in practice, even though the FA accounts for it. The procedural regulation (the Non-Contentious Civil Procedure Code) strictly determines who the participants in divorce proceedings are. These are solely the two spouses and, in the part concerning the regulation of the exercise of parental rights and obligations after the divorce, also the minor children represented by a guardian. Under no circumstances can a close person of the child be included in this strictly defined circle of participants in the proceedings, and without being a participant, such a person cannot acquire any rights or obligations from the decision.” (Source: Pavelková, B. Zákon o rodine. Komentár. 3rd edition. Bratislava: C. H. Beck, 2019, 688 p.)

According to established judicial practice, “in proceedings concerning the care of minor children, the central and primary consideration is the best interests of the minor child, particularly in regard to their healthy physical and psychological development. This concept – the best interests of the minor child – must not be confused with the individual interests of the parents or with their personal views on the care of the minor child.” (Decision of the Supreme Court of the Slovak Republic No. 3 Cdo 81/2014)