Teoría cuántica de Einstein del efecto fotoeléctrico

Enforcement of the right of access is carried out by the guardianship author- ity and child welfare services on the basis of the decision of the court or the guardianship authority. Enforcement is regulated by special rules laid down in Government Decree 149/1997. (IX. 10.) on Guardianship Authorities, Child Protection and Guardianship Procedures. There are several types of access to the child:

2.1. Reasonable access

The non-custodial parent has the right of constant access, which means ac- cordingly with the usual practice that the child can be taken for one weekend every two weeks. The frequency of access is not in the code, so there is noth- ing that prevents the non-custodial parent to organise a more frequent meeting schedule, e.g. one or two afternoons in between the weekends. Only the dis- tance of the residence of the child or other school duties could prevent it. The right of access can be restricted if the child is an infant, or in case of health- related problems, whereby the non-custodial parent can only visit, spend a few hours with the child, or meet the child through the child welfare offi ce.

2.2. Specifi ed access

Within the frame of specifi ed access, the non-custodial parent can take the child e.g. on specifi ed days, such as national public holidays (Easter, Pente- cost, Christmas) or for a half of kindergarten or school holidays.

2.3. Supervised access

Supervised access can be carried out through a child welfare offi ce or at an- other child support offi ce in the following cases:

- If the relationship of the parents has deteriorated and the contact between them should be minimized or completely avoided;

- If the relationship between the child and the non-custodial parent has deteriorated and they need support to rebuild their relationship;

longer period of time or his or her living circumstances are not appropri- ate for hosting.

Arrangements of the right of access, whether a court or the guardianship au- thority has given its order, should be very detailed and concrete. Consequently, the starting and ending dates and times for reasonable access and specifi ed ac- cess as well as the locations of access and return should be defi ned, otherwise no regulation will be possible because the guardianship authority will not be able to establish whether an omission has occurred by comparing the specifi ed times to the actual ones.

When parents are arranging the exercise of the right of access at the half-point of a holiday period, they should write down the starting and ending dates, and in which part – the fi rst or the second – of the holidays such access will oc- cur. Another issue is what will happen in case of an odd number of days of a holiday period? Which day will be considered as the half-point?

It is a very common problem that the child has other activities colliding with the non-custodial parent’s scheduled access time, such as a birthday celebra- tion, school trip, camp or a party. If there is no regulation in such cases, this could lead to an endless fi ght between the parents, and even the guardianship authority would not be able to solve such a problem. At the most, it can send the parties to mediation or, if there is a petition, it can reregulate the right of access.

Enforcement of arrangements on access rights is the duty of the guardianship. Child welfare offi ces are related to this duty in many ways. If an arrangement is suffi ciently precise and concrete, and despite this the custodial parent does not adhere to it, meaning that the custodial parent does not provide access to the child on time, after 30 days from the omission one can apply to the guardi- anship authority. If the custodial parent cancels the access over the phone or in letter in advance, one can only expect enforcement measures where, de- spite such cancellation, the non-custodial parent will visit the child’s place of residence at the specifi ed date. Otherwise, the guardianship authority cannot determine the omission of the custodial parent. It is also important to validate before the guardianship authority that one was truly there at the specifi ed time. So, in this case, one needs to ask someone to accompany him/her to prove that the access failed. During the process started with a statement, the guardianship authority will focus on determining if the custodial parent failed to accomplish his/her obligations under the arrangement due to his/her own fault. This is not a complicated process, because the guardianship authority considers the custodial parent’s fault as an axiom. There are methods to prove the oppo- site, but this usually only works with a medical certifi cate. If the guardianship

authority determines the fault of the custodial parent, it will order the enforce- ment within 30 days after the arrival date of the petition.29

Proceedings for the enforcement of judgments relating to the granting of the right of access to the child can be instituted within 30 days following the expi- ration of the time limit laid down in the judgment for rescheduling cancelled visits or, in the lack of such, for arranging visits, or following the date when the parent learnt about the other parent’s conduct endangering the child. It endangers the development of the child if the person entitled to have access to the child or the person obligated to ensure access to the child – because of his/ her wrongful conduct – does not comply with the decision made concerning access to the child. If the guardianship authority establishes the fact of wrong- ful conduct, it orders the enforcement within 30 days following the receipt of the request for enforcement.

In its order providing for enforcement, the guardianship authority:

- asks the defaulting party to meet his/her due obligations related to ensur- ing access to the child at the fi rst scheduled visit following the receipt of the order – at the time and in the way defi ned in the decision relating to the granting of access – and cease to infl uence the child against the other party;

- warns the defaulting party about the legal consequences of non-perfor- mance;

- upon request, obligates the defaulting party to bear the certifi ed costs generated by the prevention of access, even if the obligee has not initi- ated enforcement proceedings;

- if the person entitled to the right of access to the child or the person obli- gated to ensure access to the child does not meet his/her obligations laid down in the decision ordering enforcement, other enforcement measures will take place;

- orders participation in obligatory mediation proceedings (Article 30/A (1) of Act LV of 2002).

If the person who is obligated to ensure the exercise of the right of access to the child infl uences the child demonstrably against the person entitled to ac- cess to the child and, in spite of the enforcement measures, does not comply with his/her obligations contained in the decision relating to the granting of

29 J. Náday, ʻKülön a gyermektől – problémás kapcsolattartásʼ [Being separated from children – troubled relations of parents] at http://www.ugyvedvilag.hu/rovatok/publikaciok/kulon-a- gyermektol-problemas-kapcsolattartas (10 January 2015).

access to the child, the guardianship authority:

- can bring an action for changing the placement of the child provided that the change is in the interests of the child;

- can report the defaulting party for endangering a minor on the basis of Section 208 of the Criminal Code (Act C of 2012).30

If the exercise of the right of access is prevented due to the uninfl uenced, independent declaration of will of the child who has attained 14 years, the guardianship authority suspends the enforcement – upon request – provided that the parties submit to child protection mediation or if either of the parties has applied for the re-regulation or withdrawal of rights of access. If the me- diation or re-regulation is unsuccessful and the child is not willing to meet or live with the separately living parent, the above mentioned consequences are applicable and the contact is still infeasible.

The child’s transfer could be done with the help of police offi cers (carrying out a specifi c act), but which parent would scare his/her child to death in this way? Unfortunately, the single sanction is to take away the parental rights from the parent liable for the wrongful conduct, and delegate them to the other parent (using the old expression: change the child’s placement). If the person entitled to ensure access to the child imputably prevents the child’s right to keep the contact with the person entitled to the right of access or infl uences the child against the person entitled to ensure access to the child beyond reasonable doubt, demonstrably, and does not fulfi l its obligation according to the execu- tion measures, the guardianship authority can bring legal action to clarify the parental rights or bring action to place the child at a third person, if that is in the interest of the child and a parent or a third person demands it. In practice, parents who are against contact resolutions or implemented measures gener- ally infl uence children against parents who live separately from the child. This is a psychological process where the child will ultimately be distant from or

30 Abuse of a Minor, Section 208 of the Criminal Code (Act C of 2012) (1) A person who is