The enforcement of decisions regarding the child's return or exercise of visitation rights: problems and solutions

As a distinct stage of the civil process, enforcement tends to become an independent institution, with specific rules. In the matter of parental responsibility, referring in particular to the child's return to the state of his or her habitual residence or the exercise of visitation rights, the enforcement process must be carried out with due regard for the child's best interests. Attention must be directed to the levers made available to the subjects responsible for enforcement, as well as to the actions taken by the participants, which would be able to ensure an effective result regarding enforcement. Enforcement is usually associated with the use of force, while voluntary enforcement is a rare phenomenon, which is why differentiated treatment is required for procedures regarding the return or exercise of the right to visitation of the child. It is recommended that competent authorities make efforts aimed at minimizing the negative impact on the child's well-being, for the reason that the protection of his or her physical and mental integrity is the basic objective.