126
social work and public prosecutor, can be entitled to initiate proceedings to revoke the exercise of parental
rights.
The law provides an opportunity for the parent to be returned to the exercise of parental rights, if the
reasons why they were taken away stopped to whose data collection and information can be hired by
detective. Under the subtracting the exercise of parental rights means determining the parent to a position of
a guardian. The parent who does not fulfill the conditions for exercise of parental rights will be taken away
those rights,
but under threat of sanction, the parent can be determined to have the position of a guardian and,
as such, to control their child's behavior in the social environment. In this case the detective can be hired to
monitor the performance of this duty by the parent.
There is no doubt that the detectives can be hired to monitor also the parent's behavior to the children
for whom they extended to exercise parental rights and duties as because of developmental disabilities thet
are not capable to take care for themselves and for the protection of their rights and legal interests.
5.
DETECTIVE DATA COLLECTION AND INFORMATION FOR THE PURPOSES OF
PROCEDURES TO ARRANGEMENT OF THE RELATIONS RELATED TO THE
ADOPTION
The adoption means by a law recognized and regulated family- legal relationship between an adult
capable person - adoptive parent and another child - adopted child, that between an adopted child and
adoptive parent, according the Law, are established kinship relations as relations between child and parent
(civil kinship). It is actually one of the forms of protection of children and minors. The
main goal of adoption
is children without parent (orphans) to receive parental protection and parental care and those people who,
for whatever reason, do not have children, to make up for it by adoption of a foreign child.
Subjects of the adoption, as a legal relationship, are the adoptive parent and the adopted child
(adoptee). The adoptive parents can only be a citizen of Republic of Macedonia, which meet the
requirements specified in the Family Law. In some cases under the conditions prescribed by this Law, the
adoptive parent can also be a foreign national. Adoptee can only be minor. Law forbids to be adopted
relative in a straight line, brother or sister. Adoption is done in administrative proceeding
241
which is
conducted by special Commission for Establishing the Adoption composed of five members appointed by
the Minister of Labor and Social Policy. The Family Law prescribes the conditions which have to be filfulled
by the person who wants to adopt a child. This makes the adoptive parent can only be a person with legal
capacity, which has personal attributes for successful exercise of parental rights and not older than 45 years.
Notwithstanding, an adoptive parent can also be a person older than 45 years as
the age between the adoptive
parents and the child must not be more than 45 years. The adoptive parent can be a person at least 18 years
older than the adoptee. Spouses may occur as adoptive parents if one of them does not exceed the upper age
limit. When a child is adopted by the spouse of the parent of the child, the child can be adopted irrespective
of the above age.
The Law, with prohibitive norms, prescribes certain prohibitions in respect of acquisition of adoptive
parent status. So, according the law, adoptive parent can not be a person:
who has been deprived of parental rights or restricted, and a person who has been convicted for
committing a crime with an effective sentence of more than six months;
has limited or no legal capacity;
for whom there is reasonable doubt that the position of the adopter will use to damage to the
adoptee;
is mentally ill or a person with intellectual disabilities, a person who suffers from a disease that can
endanger the health and life of the
adopted child,
whose physical disability is of such a degree that can be justified in doubting the ability to care for
the child;
is older than 45 years;
addicted to drugs or alcohol;
who has severe chronic disease or suffering from incurable and
contagious disease,
If the opinion of the expert team of the Center for Social Work is negative with respect to that person
the opportunity to be a parent.
241
See more: Risteski Temelko,
Family and Inheritance Law, teaching concepts – electronic form, FON - University, Skopje, 2007,
pages 41 - 45
127
Bearing in mind the above requirements which should to fulfill future adoptive parents and legal
prohibitions in relation to it, detectives can be hired for collection of data and information for the fulfillment
of these requirements and the existence of these prohibitions. Arangement is performed by parents or
relatives of the child that should be adopted.
6.
DETECTIVE COLLECTION OF DATA AND INFORMATION FOR THE PURPOSES OF
PROCEEDINGS IN THE FIELD OF CUSTODY
Considering the provisions of the Family Law that regulate custody, the term custodial relationship
means the relations arising in connection with custody of minor children without parental care, then the
adults who have been revoked or limited legal capacity as over others who are not able or not have posibility
to take care or to protect their rights and interests. Subjects of these relations is the guardian and the person
under guardianship or protege
242
. According to the object and the purpose of the placement under
guardianship, there are three types of guardianship. They are: custody of minors, custody of adults who have
been revoked or limited legal capacity and guardianship for special cases.
In the Republic of Macedonia, according to the provisions of the Family Law, matters of custody
performs the Center for Social Works. The competence of the Center for Social Work is determined by place
of residence,
and if not living, according to the residence of the person to be placed under guardianship.
Putting under guardianship and determining the guardian is performed in administrative proceeding
whisch is initiated by the locally competent Center for Social Work that performs the role autority for
guardianship. The guardian is an individual, determined with a certain decision by the Autority for
guardianship, who takes care to protect the rights and interests of the person who, with the decision of that
body, is placed under guardianship with the decision of that authority. The guardian is a person who has set
personal characteristics and abilities to perform the duties of guardian, who previously gave aproval to be
guardian.
The Family Law by applying negative enumeration determines who cannot be a guardian. So,
according the Law, a guardian cannot be a person who:
has been revoked of the exercise of parental rights;
has been revoked or limited legal capacity;
whose interests are contrary to the interests of the person under guardianship, or which does not
guarantee that the person under guardianship properly educated and reflected
whose, given his past and present behavior, personal characteristics and relationship with the person
into the custody and
with his parents, cannot be expected to properly carry out the custody function.
Bearing in mind this kind of enumeration, the detective can collect data and information about facts
and circumstances that arise from it: in terms of exercise of parental rights, business ability, interests and
behavior of a potential guardian. For collection of these data and information detective can be hired by the
relatives of the person who should be put under custody and to set guardian to him.
The guardian is set by decision of the Center for Social Work. This center, with the decision, sets
guardian, determines his duties and the scope of his powers. In principle, the guardian shall, within its
powers, conscientiously to take care of the person and the rights and interests of the person under custody
and conscientiously manage its property as well as to represent a person under guardianship in legal
relations. Caring for a person, the rights and interests of the person under guardianship shall include care for
his health, for his support and training for independent living, and for the minors under custody also about
their education, as well as everything else that is important for personality of the person under guardianship,
maintenance of its property, revenue and
expenses of the property, etc.
The performance of these duties by the guardian can be subject of interest in the collection of data and
information by the detective if he is hired by the relatives of the person from custody.
Also, the guardian, within the care for the person, the rights and interests of the person under
guardianship, may hire detective to track the person under guardianship and for the circle of people that
contact, places and objects in which he goes, for his behavior in the environment and moves etc. Given the
fact that the guardian for his work fits to authority for guardianship, the hire of the detective by him can be
made only with the approval of the Center for Social Work as a real and local responsible for custody.
242
See more: Spirović - Trpenoska, Ljiljana, Mickovic, Dejan, Ristov, Angel, a
Family Law, Blesok, Skopje, 2013, pages 260 - 261