Abstract

According to article 97 § 2 of the Family and Guardianship Code, if parents are not able to agree on important matters of the child the guardianship court should resolve the dispute. These matters include inter alia choosing a school, deciding on medical treatment or foreign journeys of the child. In the case law and in the legal literature there is a disagreement, whether during divorce proceedings these matters should be decided by the guardianship court (ie. the family division of the court of the lowest instance) or by the divorce court according to article 445¹ § 1 of the Civil Procedure Code. In this article it is argued that only divorce court should decide on these matters, since it takes over the role of the guardianship code.