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Universul Juridic magazin

Psychological counseling of minors at the stage of enforcement. Current regulation from the perspective of the ECHR. Correlation with other special procedures in the matter of minor protection

Psychological counseling of minors enacted by the New Code of Civil Procedure at the stage of enforcement must necessarily be viewed in conjunction with special legislation that exists in the area of juvenile protection, as long as the sole purpose of counseling (whether it is done within or outside enforcement procedure) is to ensure protection of children’s rights as detailed in special legislation (including the child’s right to personal ties, with relevance for enforcement stage). Psychological counseling of minors should be extended on the one hand to parents’ counseling and on the other hand to evaluation of both parents and child, as long as an effective psychological counseling can be done only after evaluation of the entire family and establishment of causes that had generated deterioration of the relationship between child and creditor parent and subsequently to enforcement procedure. Regardless of the framework where the psychological counseling (and evaluation) is done, superior interests of the child (as the notion is outlined and detailed including in recent case law of the ECHR) must prevail over the interests of all other persons or authorities implied, including throughout the enforcement procedure.