Parent’s Personal Interests in the Form of Family and Emotional Relationship with a Child Affected by Parenting Time Inference – the Problem of Monetary Compensation Due to Violation

Abstract

The possibility of qualifying family and emotional relationship as personal interests and giving them the protection by taking account on the facts where parenting time interference occurs intentionally, currently may not cause much controversy in Courts. However, there is a doubt about Courts’ view in the aspect of compensation of a damage caused by that kind of a behaviour through monetary compensation. That is why, the aim of this publication is to analyse relatively poor and rather publicly available judgment of Courts in the context of the issue mentioned above, as well as a dispute with an argumentation from the point of view of the mentioned above way of the compensation of damage. The content of the publication, based on literature and judicature of Courts and The Supreme Court, contains a presentation of a range of the conception of family and emotional relationship between a parent and a child as personal interests, a demarcation of the consequences of deliberate preventing time interference only in the matter of external sphere and its ravages in the matter of inner psychic sphere, analysis of the monetary compensation functions in reference to presented judgements as well as a discussion on subjective and objective criteria determining “the relevant amount” under monetary compensation for nonmaterial damage. Finally, analysis of the judgements allowed to draw interesting conclusions, among which came to the fore ascertainment, that the lack of coherent line in the judgment may cause the situation in which, in fact, there are divergent argumentation.