The subject of the dispute is determining the possibility of involving a child in a case regarding the removal of a child without deprivation of parental rights as a third party asserting independent claims.
The court of cassation agreed with the decisions of the courts of previous instances, which refused to satisfy the motion of the father, acting in the interests of his minor son, to involve the latter as a third party with independent claims in the case of the removal of the child without deprivation of parental rights. The court noted that until the child reaches the age of 14, his/her interests in court can only be represented by legal representatives, i.e., the parents. Furthermore, in this case, there is a dispute between the parents regarding the child’s place of residence, and therefore the child’s interests are already represented by both parents, which excludes the possibility of his/her separate participation as a third party. The court also emphasized that the consideration of the child’s interests occurs by hearing his/her opinion and taking into account his/her consent to live with one of the parents. The court noted that it departs from the conclusion of the panel of judges of the Third Judicial Chamber of the Cassation Civil Court in the ruling of June 23, 2022, in case No. 490/1087/21 regarding the possibility of a minor filing an independent claim through his/her representative in disputes between his/her parents.
The Supreme Court dismissed the cassation appeal, and the decisions of the courts of previous instances remained unchanged.
