In cases of divorce or separation, the child custody is given to one of the parents as the other parent is bounded to pay the child support and has determined personal regime contacts with the child.

When the parent is failed to pay the support, the other parent who is executing the parental rights could ask for cooperation from public or private Bulgarian bailiff. For that purpose, the parent must present to the bailiff a writ of execution issued from the court. The Bailiff has the right to burden all bank accounts of the other parent and to collect the amount of the support. If the parent has immovable properties, they also could be a subject of a public sale for the purpose of collecting the support (it depends on the non-paid amount of support).

Most often the parent who is executing the parental rights is restricting the regime of personal contacts of the other parents. The parent whose regime is restricted could require an assistance of the bailiff after obtaining with writ of execution. The bailiff is sending an invitation to the other parent for voluntarily delivering of the child and if he/she still refuses to keep the personal regime contacts of the other parent, the bailiff could contact the social services, the police, etc.

Also, the restriction of personal contacts is treated as a crime under the Bulgarian Penalty Code and the restricted parent could seek for assistance from the prosecution office as well as to initiate a private criminal proceedings before the court.

 

“Valova and Angelova” law firm