Case study 2 - family law - custody of the children - Slovakia

Save as PDF

In this case study on family law – custody of the children, Member States were asked to advise the suing party on litigation costs on litigation costs in order to consider the following situations:

Case A – National situation: Two persons have lived together unmarried for a number of years. They have a three-year-old child when they separate. A court decision grants custody of the child to the mother and a right of access to the father. The mother sues to limit the father’s right of access.

Case B – Transnational situation where you are a lawyer in Member State A: Two persons have lived together unmarried in a Member State (Member State B) for a number of years. They have a child together but separate immediately after the child’s birth. A court decision in Member State B gives the child’s custody to the mother with a right of access to the father. The mother and the child move to live in another Member State (Member State A) as authorized to do so by the Court decision and the father remains in Member State B. A few years later, the mother sues in Member State A to change the father’s right of access.


Costs of proceedings


Costs in Slovakia

Costs for court, appeals and alternative dispute resolution


Case Study

Court

Appeals

ADR

Initial court fees

Transcription fees

Other fees

Initial court fees

Transcription fees

Other fees

Is this option open for this type of case?

Costs

Case A

EUR0

(exempt from court fees)

EUR0

EUR0

(exempt from court fees)

EUR0

no

EUR0

Case B

EUR0

(exempt from court fees)

EUR0

EUR0

(exempt from court fees)

EUR0

no

EUR0


Costs for lawyer, bailiff and expert


Case Study

Lawyer

Bailiff

Expert

Is representation compulsory?

Average costs

Is representation compulsory?

Pre-judgement costs

Post-judgement costs

Is use compulsory?

Cost

Case A

not compulsory but usual

Depends on various factors

no

EUR0

EUR0

no

On average EUR150

Case B

not compulsory but usual

Depends on various circumstances

no

EUR0

EUR0

no

On average EUR200



Costs for witness compensation, pledge or security and other relevant fees


Case

Study

Witness compensation

Pledge or security

Other fees

Are witnesses compensated?

Cost

Does this exist and when and how is it used?

Cost

Description

Cost

Case A

yes

On average

EUR50

no

EUR0 (exempt from court fees)

EUR0 (exempt from court fees)

Case B

yes

On average

EUR150

no

EUR0 (exempt from court fees)

EUR0 (exempt from court fees)


Costs for legal aid and other reimbursement



Case study

Legal Aid

When and under which conditions is it applicable?

When is support total?

Case A

Application submitted to Centre for Legal Aid. Provided where: applicant is in material need; case is not clearly unsuccessful, and litigation amount exceeds the minimum wage – except in disputes where the litigation amount cannot be determined.

The successful applicant receives a complete package of representation and related services free.

Case B

The applicant submits his/her application for legal aid to the Centre for Legal Aid and if: (1) the applicant is domiciled or habitually resident in a Member State different from Slovak Republic; (2) the applicant proves that he/she would meet the condition of material need to be granted legal aid in Slovak Republic; that he/she meets the conditions required for the provision of legal aid in the Member State of his or her domicile or habitual residence; (4) the case is not clearly unsuccessful (5) the litigation amount exceeds the amount of the minimum wage – except for disputes in which the litigation amount cannot be determined.

The successful applicant receives a complete package of representation and related services free.




Case study

Reimbursement

Can the winning party obtain reimbursement of litigation costs?

Are there instances when legal aid should be reimbursed to the legal aid organisation?

Case A

No. None of the parties to the litigation is authorised to receive a refund of the proceedings costs where the proceedings could have been initiated ex officio – proceedings on matters of care for minors may be initiated ex officio.

In principle, no. However, if conditions are met for a refund of incurred costs, this will be awarded to the advocate who pays it to the Centre for Legal Aid if the amount is greater than the costs of the provided legal aid.

Case B

No. None of the parties to the litigation is authorised to receive a refund of the proceedings costs where the proceedings could have been initiated ex officio – proceedings on matters of care for minors may be initiated ex officio.

Yes. A foreign entitled person must refund to the Centre of Legal Aid the legal aid granted in whole or in part (based on the decision of the Centre of Legal Aid) if: (1) his/her income and property conditions at the time of filing the application did not establish the right to legal aid, due to untrue or incomplete data provided or (2) his/her income and property conditions have substantially changed – mainly due to success in this cross-border dispute, or (3) unless the costs spent so far for granted legal aid are or will be compensated to the designated advocate or the Centre of Legal Aid as a refund of the proceedings costs.

If the foreign entitled person meets the conditions for refund of incurred proceedings costs, this will be awarded to the advocate who pays it to the Centre for Legal Aid if the amount is larger than the costs of the legal aid provided)

 


Costs for translation and interpretation


Case study

Translation

When and under what conditions is it necessary?

Approximate cost?

Case A

For translation of documentary evidence submitted to the court in another language (except the Czech language) by or in favour of either of the parties.

And eventually also for translation of other documents (for example, judgements) into the language the parties understand.

Depends on various factors. An average of EUR100.

Translation costs incurred in the exercise of parties’ right to take part in court proceedings in their native language are paid by the state. However, the state can order these costs to be reimbursed by the parties, depending on the outcome of the case – unless they meet the requirements for exemption from court fees.

Case B

For the translation of evidence or other documents. The court also appoints a translator for: (1) documents addressed to a foreign judicial authority; (2) motion for recognition and enforcement of judgement (including annexes) rendered by a Slovak court abroad; (3) at the request of foreign judicial authority (4) other judicial documents – unless provided otherwise by European legislation or international convention

Translation costs incurred in relation to exercise of the parties´ right to perform before courts in their native language are paid by the state. However, the state is authorised to have the paid costs reimbursed by the parties, depending on the outcome of the case – unless the parties meet the requirements for exemption from court fees.

On average EUR300



Case study

Interpretation

Other costs specific to cross-border disputes?

When and under what conditions is it necessary?

Approximate cost?

Description

Approximate cost?

Case A

If a person before the court speaks a language other than the Slovak language.

Also for the purposes of examining people who are deaf, dumb and deaf and dumb, unless it is possible to communicate with them in another reliable manner.

The parties to the litigation are authorised to act before the court in their native language or an official language of a state that they understand.

On average EUR100.

Interpretation costs incurred in relation to the exercise of the parties´ right to perform before courts in their native language are paid by the state.

However, the state is authorised to order the parties to reimburse the costs, depending on the outcome of the case – unless the parties meet the requirements for exemption from court fees

Case B

If a person before the court speaks a language other than the Slovak language.

Also for the purposes of examining people who are deaf, dumb and deaf and dumb, unless it is possible to communicate with them in another reliable manner.

The parties to the litigation are authorised to act before the court in their native language or an official language of a state that they understand.

Interpretation costs incurred in relation to the exercise of the parties´ right to perform before courts in their native language are paid by the state.

However, the state is authorised to order the parties to reimburse the costs, depending on the outcome of the case – unless the parties meet the requirements for exemption from court fees.

On average EUR 400 euros

Probably higher out-of-pocket expenses and loss of earnings However, the parties to divorce proceedings are not authorised to reimbursement/ refund of proceedings costs (subject to exceptions).

Average EUR500



The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

Last update: 26/06/2019