Types of interim measures under Article 127 of the Bulgarian Family Code

When relations between parents deteriorate and they cannot agree on their child’s care, the court may order interim measures to protect the child. Article 127 of the Family Code allows the court to make arrangements while proceedings are pending so that the child is safe, cared for and has a stable home life until the final judgment.

The court may decide that the child will live temporarily with one parent. This determines where the child actually stays during the proceedings. The court considers what each parent can offer, including housing and the emotional environment at home.

Another important measure is to entrust the exercise of parental responsibility temporarily to one parent. The court determines who will make decisions about schooling, health and upbringing. This measure is used where the parents cannot exercise their responsibilities jointly.

The court may also set contact arrangements with the parent who does not provide day-to-day care. These usually specify visiting days, public holidays, school holidays and other periods when the child is entitled to see that parent. The aim is to preserve the child’s emotional ties with both parents even though they no longer live together.

Child maintenance is another important measure. The court orders the parent with whom the child does not live to make monthly payments towards basic needs such as food, clothing, education and healthcare. The amount depends on the parent’s means and the child’s needs.

If the child’s safety is at risk, additional safeguards may be needed. Depending on the applicable legal grounds and procedure, these may include an order prohibiting a parent from approaching the child, a temporary restriction on the exercise of parental rights or other measures in the child’s interests. Such steps are a last resort but may sometimes be necessary.

Interim measures apply only until the proceedings conclude. They are nevertheless binding and immediately enforceable. The court can change them if circumstances change significantly.

These arrangements give the child stability and protection while the parents’ case is before the court. They provide physical as well as emotional security, both essential to the healthy development of children and adolescents.

This article is not a legal opinion or legal advice about any particular situation or person. For assistance with a similar case, consult a family lawyer.