Sometimes it may be necessary to apply to a court or other authority to enforce a decision on parental responsibility. What procedure applies in such a case?
The court executive body in the case of the return of a child shall be the Children’s Guardian. The person entitled to remove a child if a decision of the court ordering the return of the child is not complied with should submit a request to the court which issued the decision to order the Children’s Guardian to remove the child by force. If the whereabouts of a person under parental responsibility is not known, the court carries out appropriate investigations to establish this. The Children’s Guardian is instructed to do this by the court in the form of an order, which may be issued in closed session. The order is not subject to appeal. The Children’s Guardian sets a time limit for removal and notifies the entitled person accordingly. The Children’s Guardian has the power to remove the child from any person with whom he or she is staying. The Children’s Guardian may ask police officers, psychologists, etc. for help to perform this action.
A different procedure is provided for in the Code of Civil Procedure (Article 59815 et seq.) with regard to decisions on the exercise of right of access.
In such a case, the guardianship court, acting at the request of a person who has custody over the child, shall threaten the person in whose care the child is and who does not comply with obligations specified in the decision or settlement concerning the exercise of right of access, with an order for payment to the person who has custody over the child, of a specified sum of money for each breach of the obligation.
Where a person with right of access or a person whose access is prohibited violates the obligations specified in the decision, the guardianship court shall threaten that person with an order to pay a specified sum of money to the person in whose care the child is. If the person whom the guardianship court has threatened to order the payment of a sum of money still does not comply with the obligation, the guardianship court shall order him or her to pay the sum of money due, specifying the amount according to the number of times the obligation is breached.
A copy of an enforceable decision or settlement concerning the exercise of right of access should be enclosed with the application referred to above.
A final and binding decision issued by a court, ordering payment of the sum of money due, is enforceable title, and an enforcement clause is not required.