OSCE Mission in Kosovo concerned about handling of family law cases

PRISHTINË/PRIŠTINA, 25 February 2011 – The OSCE Mission in Kosovo (OSCE) published today its report “Adjudication of family law cases in Kosovo: Case management issues”.

The report points out that courts in Kosovo are failing to adequately adjudicate family law cases such as dissolution of marriage, and custody of and right to visit children.

According to the OSCE’s observations, some divorce cases took years due to the courts’ inability to summon parties, hear children or other witnesses and cite proper evidence.

“When courts fail to adequately manage family law proceedings, the efficiency of the justice system as a whole diminishes. Delays in the resolution of marital disputes, shortcomings in hearing witnesses or adducing evidence, and problems with record-keeping at the courts especially affect the rights of such vulnerable groups as women and children”, said Susan Heintz, Director of the OSCE Department of Human Rights and Communities.

The report also notes that the specialized Centres for Social Work operating under the auspices of the Ministry of Labour and Social Welfare frequently fail to comply in a timely manner with courts’ requests to assist with reconciliation procedures or to issue opinions on child custody. This may have detrimental effect on the functioning of the courts.

The report sets out recommendations to the courts, the Kosovo Judicial Council, and the Centers for Social Work on how to address the shortcomings. The full text of the report is available on: www.osce.org/kosovo

The OSCE Mission in Kosovo issues periodic reports on the work of the justice system, aimed at improving their performance and compliance with international human rights standards.