Obstructing the Enforcement of a Court Judgment: Requiring a Certificate as a Form of Sabotage
Introduction: Abuse of Right in Family Conflicts
The enforcement of court judgments, especially those concerning child visitation rights, often involves attempts by one party to create artificial bureaucratic obstacles. A situation where a grandmother or grandfather (hereinafter referred to as "grandfather") from the mother's side, who is living with the child, at a time determined by the court for transferring the child to the father, requires additional documents (such as a certificate from the father himself or other papers), is a classic example of abuse of right and procedural sabotage. This is not a legitimate requirement but a tactical maneuver aimed at disrupting the enforcement of the judgment, creating conflict, and further discrediting the father.
1. The Legal Nature of an Enforcement Document and the Role of Third Parties
An enforcement document is a document issued by the court based on a judgment that has entered into legal force. Its content is mandatory for all persons concerned. The court judgment on the order of visitation clearly stipulates the time, place, and conditions for transferring the child. It is impermissible to require any additional conditions not specified in the judgment.
The legal status of the grandfather: The grandfather, who is not a party to the enforcement proceeding (creditor or debtor), acts in this case as a person actually holding the child. Legally, he is obligated to transfer the child to the father without hindrance on the basis of the presented enforcement document. His personal disagreement with the court's decision or his subjective "requirements" have no legal force and are acts of self-help.
2. Motivation and Objectives of Such Requirements
The requirement of a certificate or other document at a critical moment of transfer pursues several strategic objectives:
Disrupting a specific meeting: Creating an artificial conflict ...
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