Rules of visitation rights and domestic restraint are affected by a recent Government Decree


Proceedings on the enforcement of resolutions relating to visitation rights and proceedings on restraining measures in case of domestic violence are affected by Government decree 176/2020 (V.4.) on temporary measures on visitation rights and domestic restraint during the state of danger, announced on 4 May 2020.

According to the decree, special rules apply to abusers and victims who are subject to epidemiological measures in case of a restraining order. When ordering preventive restraint, the court examines ex officio whether the abuser and the victim are subject to any epidemiological measures, if so, the assistance of the police will be required in the decision making process. According to the decree, in the event of a restraining order, police shall offer accommodation for the abuser if s/he is unable to obtain one; in addition, the police may place the abuser in a designated quarantine. If the victim has to leave his/her home and is unable to obtain accommodation, the police will offer accommodation suitable solely for the victim. 

The range of enforceable decisions has been expanded in the enforcement of decisions relating to visitation rights, and other documents concluded between the parties have become enforceable, subject to certain conditions in law. The request for the enforcement of the decision on visitation rights shall be accompanied by a document containing the agreement. This can be an agreement between the parents reached in a prior mediation procedure, an authentic instrument or a private document with full probative force of the separated parents.
The Decree shall be applied in proceedings pending on 5 May 2020, the date when the Decree enters into force.