OPŠTI POGLED NA STARATELjSTVO NAD DECOM BEZ RODITELjSKOG STARANjA KAO IZRAZ NAJBOLjEG INTERESA DETETA

Abstract

The Guardianship protection of children without parental care must certainly reflect the best interests of the child who is in situations of particular vulnerability. It is noticeable that in contemporary family law, the concept of children without parental care is expanding, including domestic law, which indicates the tendency of increasing state interventionism in legal relations concerning children and the problem of parental care. At the same time, it should be taken into account that the child can only be separated from the parents in exceptional cases, and sometimes this will not be possible, even if according to the law it is a child without parental care. An example is a child of parents who have not yet acquired full active legal capacity because they are minors. It is very important that the domestic law on guardianship is further moralized. In this context, it would be a significant step forward if, through legal changes, parents were allowed to name and designate a guardian for their child in the event of their death, as is the case in many European countries, under conditions prescribed by law.