In accordance with the Family Code, parents have the primary right and obligation to protect their child's rights and interests, which is why the state may only implement protective measures when parents fail to exercise these rights and duties, or do not do so in the best interest of the child. The state or the court may only interfere with the exercise of parental rights if it is determined that the child is at risk. A child is considered to be at risk if they are threatened, or there is a high probability that they will suffer, harm, and this harm or risk of harm is a consequence of the actions or omissions of the parents, or results from the child’s psychosocial issues, which manifest as behavioural, emotional, learning, or other difficulties during their upbringing. The respective court must interpret this legal standard in each specific measure to protect the child’s interests.
The master's thesis explores and defines in detail the legal standard of threat assessment of a child, specifically in relation to each measure for the protection of the child's interests. After a theoretical introduction on the very concept of threat assessment of a child and a brief description of the child’s best interests, risk assessment, and threat assessment of a child as a legal standard, a broad analysis of case law illustrates when courts have, in practice, explained the legal standard of threat assessment of a child. The thesis also highlights the differences in how this legal standard is expressed in various specific protective measures for the benefit of the child.
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