125
these proceedings open space for the detective work in terms of gathering data about the
circumstances under
which the person had disappeared, and the circumstances regarding the existence of reliable assumptions
about the existence of conditions that a person could not survive. With the decision to declare the missing
person dead, and the decision to establish the death, it is the requirement for termination of marriage by
death or missing person and of course to start process for resolving of his legacy.
236
Given the fact that marriages are stopped by the cancellation, the detective can collect data for needs
of litigation proceeding for annulment of the marriage in the absence of any conditions for its validity cited
above. This is because the absence of any of these conditions is marital obstacle and, as such, has both legal
grounds for annulment of the marriage
due to lack of validity, or invalidity of the marriage.
4.
DETECTIVE COLLECTION OF DATA AND INFORMATION FOR THE PURPOSES OF
PROCEDINGS FOR RESOLVING THE RELATIONS BETWEEN PARENTS AND
CHILDREN
Relations between parents and children are subject to parental law as part of family law
237
. In the
resolving of disputed matters in these relations centers for social work as regional units of the Ministry of
Labour and Social Policy participate as well as the courts in litigation and non-litigation proceding.
Detectives can gather data and information for the purposes of the administrative proceedings
concerning the relations between parents and children which is led by the centers for social work; data for
the purposes of civil proceedings for care, education and support of the common children in case of divorce;
for determining and denial of paternity and maternity and for the purposes of non-litigation proceding to
revoke the
exercise of parental rights, determination of parents
to have position of guardians, for the return of
parental rights and the extension of the exercise of parental rights and duties after adulthood. Centres for
social work make their decision in an administrative proceeding for performing of parental rights in cases
where between parents appear disagreement regarding the exercise of this right; for entrusting the child's
care and education to the another person; for entrusting the child's care and education to one of the parent in
case where they do not live together; on the way to maintain personal relations and direct contact between
parents and child in cases where they do not live together; for restricting or temporary prohibition on
personal relationships and contacts with the child due to health and other interests of the child and other
solutions. In all these proceedings, in accordance with the Administrative Procedure Law
238
, the detectives
have the right to collect those data and information
that client can get directly, unless of course detective was
hired.
For the purposes of litigation for entrusting of the children of care, education and support of a parent
or some of the children to the father and some of the children to the mother or to the third person, in case of
divorce, detectives can gather data and information about financial situation of the parents, about the
housing
conditions in which they live, for their behavior in private life and other relevant data to determine the facts
and circumstances necessary for the adoption of decision who to entrust their children to care, education and
support. For the purposes of civil proceedings related to determining and denial of paternity and maternity,
detectives can gather data and information about persons with whom the father or mother had close contacts
and relationships in the last 180 to 300 days before the child's birth and at the time directly or short after the
birth of the child (for the procedures for determining and denial of maternity) for the nature of those contacts
and relationships and so on.
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The non-litigation proceding for revocation of performing parental rights may
be initiated against a parent who abuses the exercise of parental rights (forces a child into prostitution, of
begging, prompts of the crime, etc.) or which grossly neglects the performance of parental duties (do not
worry about the child's upbringing, his health, his housing, food, etc.).
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Collection of data and information
in regard to these circumstances, the detective can be hired by the other parent who, despite the center for
236
Resolving of the legacy actually comes down to resolve hereditary legal relationships exterior of the sphere of family legal
relationships (although closely related to them) and are subject to regulation and study of hereditary right.
237
See more: Spirović - Trpenoska, Ljiljana, Mickovic, Dejan, Ristov Angel,
Family Law, Blesok, Skopje, 2013, pages 172-174.
238
Official Gazette of the RM, No. 38/05, 110/08 and 51/11, Article 77.
239
In this connection it should bear in mind that the Law prohibits denial of paternity when the mother, with the written consent of
her spouse is pregnant with artificial insemination. The law also prohibits the establishment or denial of maternity and paternity in
cases where parental relation existed with adoption. Finally, the Law prohibits denial of paternity after the death of the child.
240
The reasons for the revoking of the performance of parental law is prescribed
by the Family Law