Yes. It entered into force on 1 May 2006.

1.1 Which law applies to questions of custody and legal representation of a minor? What criteria are used to determine the applicable law?

The criteria used to determine the applicable law for matters of custody and legal representation are regulated by the provisions set out in the Hague Convention; notably, Article 16 § 1 and Article 17 of the Convention set out that the law of the State on whose territory the minor has his/her habitual residence applies to these matters.

Concerning questions falling outside the scope of application of the Hague Convention following Article 4 of the Convention (e.g. emancipation), national law will apply.

In accordance with Hungarian law, the applicable law is the personal law of the minor. (Art. 45 of the Law-Decree No. 13 of 1979 on Private International Law)

A person’s personal law is the law of the state that he/she is a citizen of. If a person has multiple citizenship, and one of them is Hungarian citizenship, his/her personal law is Hungarian law. If a person is a citizen of multiple countries other than Hungary or he/she is stateless, his/her personal law is the law of the state where he/she has a domicile (the domicile is the place where a person is living permanently or with the intention the establishment.)

If a person has a domicile also in Hungary, his/her personal law is Hungarian law. If a person has domiciles only in multiple foreign countries, his/her personal law is the law of the country with which he/she has the strongest ties. If a person’s personal law cannot be determined according to the paragraphs above, and he/she has no domicile, his/her law is determined by his/her usual place of residence (the usual place of residence is the place where a person is staying for a longer period without the intention of establishment.

If a person has multiple usual places of residence, and one of those is in Hungary, his/her personal law is Hungarian law.
(Art. 11-12 of the Law-Decree No. 13 of 1979 on Private International Law)

If the minor is a Hungarian citizen or living in Hungary the applicable law is Hungarian law provided it is more favourable for the minor than the application of his/her personal law.  (Art. 46 of the Law-Decree No. 13 of 1979 on Private International Law)

1.2 Which authority has international and territorial jurisdiction concerning questions of custody?

Concerning international jurisdiction, if the minor has its habitual residence in a Member State of the EU bound by Council Regulation (EC) No 2201/2003 (Brussels IIbis Regulation), the application of this Regulation will prevail over both the Hague Convention and Private International Law rules. Thus, Article 8 of the Regulation in general sets out that the international jurisdiction will belong to the Courts of the Member State where the child has its habitual residence.

If the minor has its habitual residence outside the European Union but in a State party to the Hague Convention, the international jurisdiction will be attributed to the judicial and administrative authorities of the Contracting State of the habitual residence of the child, in order to take measures directed to the protection of the child’s property or person (Article 5 Hague Convention).

If  the minor has its habitual residence outside the EU in a State which is not party to the Hague Convention, national Private International Law rules will be applicable in order to determine the international jurisdiction.

In accordance with Hungarian law, the Hungarian courts have general international jurisdiction if the domicile or the usual place of residence of the respondent is in Hungary. (Art. 54 (1) of the Law-Decree No. 13 of 1979 on Private International Law)

In proceedings concerning questions of custody, the Hungarian courts and other authorities also have international jurisdiction if the domicile or the usual place of residence of the minor is in Hungary.  (Art. 59 (1) of the Law-Decree No. 13 of 1979 on Private International Law)

The Hungarian courts do not have international jurisdiction if the procedure concerning the custody of a minor with Hungarian citizenship started abroad and if the domicile or the usual place of residence of the minor and the concerned parent is in the country of the proceeding court or authority.
(Art. 62/B. d) of the Law-Decree No. 13 of 1979 on Private International Law)

The court of the domicile of the respondent has general territorial jurisdiction. If the respondent does not have Hungarian domicile, the usual place of residence determines the territorial jurisdiction. If the usual place of residence of the  respondent is unknown or is abroad, the last Hungarian domicile determines the territorial jurisdiction. If this last cannot be determined, or the respondent did not have any domicile in Hungary, the domicile of the applicant determines the territorial jurisdiction. If the applicant does not have Hungarian domicile, his/her usual place of residence determines the competent court.
(Art. 29. (1)-(2) of the Act No. 3 of 1952 on the Law of Civil Procedures)

Litigation can also be initiated at the court of the domicile or usual place of residence of the minor.
(Art. 302 (1a) of the Act No. 3 of 1952 on the Law of Civil Procedures)

If according to the previous criteria, the competent court cannot be determined, the Central Court of Pest (Pesti Központi Kerületi Bíróság) is competent.
(Art. 277. (3) of the Act No. 3 of 1952 on the Law of Civil Procedures)

1.3 Which authority has international and territorial jurisdiction concerning questions of representation?

The same rules apply as in the case of questions of custody (see above).

2.1 Is it possible for the legal capacity of a minor to be extended in some cases (e.g. right to get married, right to make last will)?

Persons who have not yet reached the age of eighteen years shall be deemed minors. Married minors are considered to be of legal age. (Art 2:10. (1) of the Act No. 5 of 2013 on the Civil Code)

A minor shall be of limited capacity if he or she has reached the age of fourteen years and is not incompetent. (Art 2:11. of the Act No. 5 of 2013 on the Civil Code)

A minor may be placed by court order under guardianship after reaching the age of seventeen years according to the provisions applicable to adults. Placement under guardianship may be requested by the minor’s legal representative as well. Where a minor is placed by court order under guardianship invoking fully limited legal competency, guardianship shall come into effect when he/she reaches legal age. However, the minor loses his/her legal competency on the date on which the relevant decision becomes legally binding.

Until the age of 18, children are ex officio under custody, including children falling under the scope of this provision. The aim of this measure is to avoid that after the age of 18 (the end of the custody), children who are mentally handicapped stay without a guardian until the court’s decision. In this way, the custody remains until the age of 18, but a child who has in normal cases limited legal competency completely loses legal competency and the guardianship enters into effect on the day of his/her 18th birthday.
(Art 2:18. (1)-(3) of the Act No. 5 of 2013 on the Civil Code)

2.1.1 Is a decision required to extend the legal capacity? If so, who is competent to decide on the extension of the legal capacity?

The marriage of a minor shall be considered void if entered into without the prior consent of the guardian authority. In cases provided for by law, the guardian authority may authorise the marriage of a minor of limited legal capacity over the age of sixteen years. The guardian authority shall interview the parent or guardian before deciding on the granting or refusal of the authorisation. If the parent has no authority to exercise parental custody in major issues relating to the child’s affairs, or if his whereabouts are unknown or if any insurmountable obstacles exist, the aforesaid interview is not required.
(Art 4:9 (1)-(3) of the Act No. 5 of 2013 on the Civil Code)

The testamentary disposition of a minor of limited legal capacity shall be considered valid only if made in the form of a notarial will. The consent of his/her legal representative, or the approval of the guardian authority shall not be required for the will of such person to be valid.
(Art 7:14 (4) of the Act No. 5 of 2013 on the Civil Code)

2.1.2 List the transactions that the minor may enter into alone (e.g. the right to make a last will) with reference whether approval of some other person or authority is necessary for such transactions.

Unless otherwise provided for by the Civil Code, the legal statements of a minor with limited capacity shall not be deemed valid without the consent of that minor’s legal representative. If and when a minor of limited capacity becomes competent, he/she shall be entitled to make his/her own decisions concerning the validity of his/her pending legal statement.

Minors of limited capacity shall, without the involvement of their legal representatives, be entitled:

• to make legal statements of a personal nature for which they are authorised by legislation;
• to conclude contracts of minor importance aimed at satisfying their everyday needs;
• to dispose of the earnings they acquire by gainful employment and undertake commitments up to the extent of their earnings;
• to conclude contracts that only offer advantages; and
• to give away gifts within reasonable limits.
  (Art 2:12. (1)-(2) of the Act No. 5 of 2013 on the Civil Code)

Minors under the age of fourteen years are legally incompetent.

Legal statements made by incompetent minors shall be null and void; their legal representatives shall proceed on their behalf.

Contracts of minor importance that are generally concluded in large numbers and do not require special consideration and that have been concluded and performed directly by incompetent minors shall not be considered null and void on the grounds of incompetence.

Nullity on the basis of incompetence or limited capacity of minors may be invoked in the interest of a person who is incompetent or of limited capacity.
(Art 2:13., 2:14. (1)-(2) and 2:17. of the Act No. 5 of 2013 on the Civil Code)

Minor children are under parental custody or guardianship. (Art 4:146 (1) of the Act No. 5 of 2013 on the Civil Code)

In exercising parental supervision jointly the rights and obligations of the parents shall be equal. (Art 4:147 (2) of the Act No. 5 of 2013 on the Civil Code)

3.1 What is the scope of the right of custody?

Parental custody covers the right to select the minor child’s name, to provide care, to determine the child’s place of residence, to handle his/her financial affairs, including the right and obligation of representing the child in legal forums, and the right to exclude guardianship and other forms of social care. (Art. 4:146 (2) of the Act No. 5 of 2013 on the Civil Code)

It is the right and obligation of the parents having rights of custody to manage all of the child’s property which are not removed from their administration. If the child was given any property under the condition that his/her parents should be deprived of access to such property, the guardian authority shall appoint a trustee – taking into consideration the recommendation of the settlor – for the administration of such property. If the third person granting the property excluded one of the parents from managing the property, the other parent otherwise entitled to manage the property shall manage the property.  (Art. 155 of the Act No. 5 of 2013 on the Civil Code)

It is the right and obligation of the parents having rights of custody to represent their child in matters of a personal and financial nature. (Art. 161 (1) of the Act No. 5 of 2013 on the Civil Code)

3.2 Who will appoint the custodian(s), if either one or both parents/custodians are not able to act anymore (e.g. in case of death or loss of legal capacity)?

The guardianship authority is competent to appoint a guardian. (Art. 4:225 (2) of the Act No. 5 of 2013 on the Civil Code)

3.2.1 On who’s proposal and when the decision on appointment of custody is made?

A minor who is not under parental supervision shall be placed under guardianship.
Unless otherwise provided for by the Civil Code, the guardian shall provide for the care and upbringing of the child, shall manage the child’s property and shall function as the child’s legal representative.
The close relative of a minor child and the person who provides for the child shall forthwith notify the guardian authority if a guardian has to be appointed for the minor. The court and other authorities shall also notify the guardian authority if they accrue positive knowledge in the course of official proceedings that a guardian has to be appointed for a minor. Where there is a need for the appointment of a guardian, it may be notified by any person.(Art. 4:223-4:225 (1) of the Act No. 5 of 2013 on the Civil Code)

3.2.2 Is the competent authority free in its choice of a new custodian?

The guardianship authority shall primarily accrue to a person designated by the parent having the right of custody in an authentic instrument or testamentary disposition as the guardian. Where both parents have the right of custody, and they named different guardians, the guardianship authority shall appoint one of them in due consideration of the child’s best interest.

If no guardian has been designated, the guardianship authority shall primarily appoint a close relative as guardian, if such relative is considered suitable. If there is no such relative, the guardianship authority shall appoint another family member as guardian, or a person deemed competent, preferably from among the persons who were previously involved in the child’s upbringing.

The guardianship authority shall appoint a separate guardian for each minor. For siblings living in the same home the same person shall be appointed as guardian, provided that this is not contrary to the minors’ best interest.

In the process of appointment of a guardian, the opinion of a minor child of sound mind shall be taken into account, giving due weight consistent with the child’s age and degree of maturity. A person to whom the child over the age of fourteen years specifically and justifiably objected may not be appointed as guardian for that child.
(Art. 4:226-4:228 of the Act No. 5 of 2013 on the Civil Code)

A designated guardian may be overlooked if:

• he/she refused the office of guardianship;
• he/she is excluded from the office of guardianship according to the provisions of the Civil Code;
• he/she is unable to accept the office of guardianship; or
• his/her appointment is likely to harm the minor’s interest.
  (Art. 4:226 (2) of the Act No. 5 of 2013 on the Civil Code)

3.2.3 Can the right of custody belong to several persons? Is it possible to have different custodians for different areas (care of property/care of the child itself)?

Under exceptional circumstances, more than one guardian may be appointed for a child. Multiple guardianship may be ordered if:

• the parents raising the child in their own home mutually agreed to accept guardianship;
• two close relatives of the minor under guardianship agreed to accept guardianship collectively;
• management of the assets or handling certain other matters of the child requires special expertise; or
• it is in the best interest of the child under protective guardianship.

In the case provided for under the 3rd point above, the guardianship authority shall define specifically the sharing of duties among the guardians.

If the guardian exceeds his/her powers, his/her legal statement shall be considered effective in dealings with third parties, however, the guardian shall compensate the person in his/her custody on the grounds of non-contractual liability.
(Art. 4:231 of the Act No. 5 of 2013 on the Civil Code)

3.3 How and by whom will the right of cutody be determined if the parents are arguing about it? Is there a difference between married and unmarried couples?

If, in the case of joint custody, the parents fail to agree on certain issues, the guardianship authority shall decide such issues, with the exception of issues connected to the right of freedom of conscience and religion.

In the absence of an agreement between the parents living separately and apart the court shall decide – upon request or ex officio if deemed necessary for the protection of the child’s best interest – which parent shall have the right of custody.

The court shall make the above decision with a view to finding the best way to ensure the child’s physical, intellectual and moral development.
(Art. 4:166 and 4:167 of the Act No. 5 of 2013 on the Civil Code)

There is no difference between married and unmarried couples.

3.4 May the right of custody be transferred to another person by means of a power of attorney?

No.

Neither the custody as a whole, nor the individual faculties can be transferred by means of a power of attorney.

Both parents jointly.

4.1 Who will appoint the legal representatives, if either one or all parents/other persons) are not able to act anymore (e.g. in case of death or loss of legal capacity)?

See point 3.2.

4.1.1 On who’s proposal and when the decision on appointment of a legal representative is made?
See point 3.2.1.

4.1.2 Is the competent authority free in its choice of a new legal representative
See point 3.2.2

4.1.3 Can the right of legal representation belong to several persons? Is it possible to have different representatives for different areas?
See point 3.2.3

4.2 Are there any restrictions / extensions for the legal representative(s)?

Yes

4.2.1 Are there some areas in which the legal representative is not competent to act (e.g. drafting of a last will, entering into marriage)?

The parent’s power of representation shall not cover the child’s legal statement which must be made in person under the relevant legislation.
(Art. 4:162 of the Act No. 5 of 2013 on the Civil Code)

With the permission of the guardian authority, the legal representative shall be entitled to refuse gifts that are promised or given to a minor of limited capacity. If the guardian authority declines to approve the legal representative’s statement of refusal, the guardian authority’s decision shall replace the legal representative’s statement of acceptance.

4.2.2 Is there a connection between the right of custody and the representation rights (e.g. power of representation exists only in the areas of custody)? Would it be possible for both parents to have custody but for only one to have the right of representation in transactions with some property of a minor?

The right of representation is part of the right of custody.
It is the right and obligation of the parents having rights of custody to represent their child in matters of a personal and financial nature.
However, the parent having no asset management right may not act as a legal representative of the child’s in matters of a financial nature.
(Art. 4:161 of the Act No. 5 of 2013 on the Civil Code)

Where custody is exercised by the parents jointly, the guardianship authority shall have powers to delegate a parent to administer the child’s property if deemed necessary for the child’s best interest. (Art. 4:156 (3) of the Act No. 5 of 2013 on the Civil Code)

4.2.3 Is it required that all legal representatives conclude transactions on behalf of the minor jointly (e.g. both parents) or may the transaction be concluded by one legal representative of the minor alone (e.g. one parent)?

Unless otherwise provided for in an agreement between the parents, or by the guardianship authority or the court, parental custody shall be exercised by the parents jointly, even if they are separated.

If the parents are separated, in exercising parental supervision they shall ensure that the child’s life is well balanced.

In matters where immediate attention is required, in the case of joint custody either parent shall have the right to decide on his/her own in the child’s interest, of which the other parent must be notified immediately. (Art. 4:164 of the Act No. 5 of 2013 on the Civil Code)

If the parents are living separately and apart, the rights and obligations relating to parental supervision may be shared among them, and they may agree to delegate the right of custody to one of them. Such agreement of the parents shall be implied if the child has been living with one of the parents undisturbed over a long period.
(Art. 4:165 (1) of the Act No. 5 of 2013 on the Civil Code)

If the court award the right of custody to one of the parents, the parent living separately and apart from the child shall not be able to exercise parental authority, with the exception of major issues relating to the child’s well-being.

The court may delegate certain rights upon the parent living separately and apart from the child in connection with caring for and the upbringing of the child, and – exceptionally – for exercising full or partial powers in financial management and in handling the child’s financial affairs. Where deemed necessary for the protection of the child’s best interest, the court may restrict or withdraw the right of decision in terms of major issues relating to the child’s well-being. (Art. 4:168 of the Act No. 5 of 2013 on the Civil Code)

The parent having the right of custody and the parent living separately and apart from his/her child shall cooperate in the interest of the child’s balanced development, with due respect for and without any disturbance of the family life of each other.

The parent having custody shall inform the parent living separately and apart concerning the child’s development, health and studies at prearranged intervals, and shall provide all information requested by the parent living separately and apart relating to the child.

The parents living separately and apart shall exercise their rights jointly having regard to major issues relating to the child’s well-being, also if custody has been awarded to one of the parents by agreement of the parents or by court decision, with the exception if the court has restricted or withdrawn the right of supervision of the parent living separately and apart from his/her child. Major issues relating to the child’s well-being shall cover the naming of a minor child and changing the child’s name, relocation of the child’s residence to a place other than one where his/her parent lives, or to abroad for long term residence or for the purpose of settlement, changing the child’s citizenship and decisions relating to the schooling or career path of the child.

If the parents living separately and apart are unable to reach an agreement in connection with any of the jointly exercised parental rights, the guardian authority shall decide on the matters in question.

If, in connection with caring for and bringing up the child as well as with exercising powers in financial management and in handling the child’s financial affairs, the court delegates certain rights upon the parent living separately and apart from the child, and parental authority shall, in that respect, be exercised by the parent living separately and apart. The parent living separately and apart shall inform the parent having the right of custody of such activities. (Art. 4:173-176 of the Act No. 5 of 2013 on the Civil Code)

The provisions on the rights and obligations of the parent having the right of custody shall also apply to the rights and obligation of the guardian. (Art. 4:234 (2) of the Act No. 5 of 2013 on the Civil Code)

The guardian shall not be entitled to determine or change the child’s name, and may not issue a statement of consent for the adoption of the child.

The approval of the guardianship authority is required for the validity of statements made by the guardian, if the legal statements concerns the child’s family status and bringing action in that context. (Art. 4:235 of the Act No. 5 of 2013 on the Civil Code)

4.2.3.1 Name the legal transactions (e.g. waiver of succession) the legal representative may perform on behalf of the minor if he/she is acting alone (e.g. one parent).
See explanation above.
4.2.3.2 Name the legal transactions (e.g. waiver of succession) into which the legal representatives may enter on behalf of the minor only jointly (e.g. both parents).
See explanation above.
4.2.3.3 Would there be any difference on the requirement of joint representation in case the parents have never been married?
No.

4.2.4 Other restrictions for legal representatives:

4.2.4.1 Is it necessary that the transaction to be approved also by some other person or authority (e.g. parent, court or local government)? What are the formal requirements on the form of the approval?

Yes, in some cases the approval of the guardianship authority is required. See the answers given under point 2.1.2. The form of the approval is a standard administrative decision.

As regards any statement made by the legal representative that effects the person or property of the minor, the views of the incompetent minor of sound mind shall be taken into account in accordance with the age and maturity of the child.
(Art 2:14. (3) of the Act No. 5 of 2013 on the Civil Code)

4.2.4.2 Name the transactions that persons legally representing the minor may enter into only with the consent of a court or some other authority or person appointed by law.
See point 2.1.2.

The approval of the guardian authority is required for the legal acts of the legal representatives of minors, if they concern:

• the waiver of maintenance of a minor;
• rights or obligations that, by virtue of inheritance, are conferred upon a minor; and refusals to inherit any property that can be individually refused;
• the acquisition of any real estate property by a minor, if such property is not free and clear, or the transfer or encumbrance of a minor’s real estate property;
• provision relating to the assets of a minor controlled by the guardian authority; or
• any other property of a minor, the value of which exceeds the limit prescribed in other legislation.

The consent of the guardian authority is not required for the encumbrance of the real estate property of a minor if it takes place upon acquiring the property without consideration, and if the provider is granted beneficiary right at the same time.

The consent of the guardian authority is not required if the legal statement has already been adjudicated in court or under notarial proceedings.
(Art 2:15. of the Act No. 5 of 2013 on the Civil Code)

4.2.4.3 In case of a mandatory approval of the transaction by another person (e.g. the other parent) or authority (e.g. court) is there any difference whether the approval is given before or after the transaction? What are the legal consequences for the transaction if the approval required by law is denied?

In some cases, the approval of the guardianship authority is given before (e.g. with the permission of the guardian authority, the legal representative shall be entitled to refuse gifts that are promised or given to a minor of limited capacity), in other cases, after the transaction (e.g. the approval of the guardian authority is required for the waiver of maintenance of a minor). 
If the approval is denied, the transaction is null and void but it is just a relative nullity. Nullity on the basis of incompetence or limited capacity of minors may be invoked in the interest of a person who is incompetent or of limited capacity.
(Art. 2:17 of the Act No. 5 of 2013 on the Civil Code)

4.2.4.4 Are there certain cases in which the legal representatives shall not act (e.g. contract on behalf of the minor concluded with parent or family member)?

Yes. The parent may not represent his/her child in matters in which the parent him/herself, his/her spouse, domestic partner, relative in direct line or any other person under the parent’s legal representation is the opposing party. If, owing to a conflicting interest or physical obstacle, a parent acting as the legal representative is not able to proceed pursuant to the law or a guardian authority’s order, the guardian authority shall appoint a caretaker officer to represent the child.

The appointment of a caretaker officer may be requested by either of the parties affected or by any authority, and one may be appointed ex officio. The parent shall notify the guardian authority without delay with a view to having a caretaker officer appointed, if unable to proceed for the reasons defined above.

The caretaker officer shall act with the same authority as a guardian.
(Art. 4:163 of the Act No. 5 of 2013 on the Civil Code)

The legal representative shall be entitled to make statements in the name and on behalf of the minor of limited capacity, except when the law requires the statement to be made by the minor with limited capacity himself/herself or when the statement concerns the income the minor of limited capacity has acquired by gainful employment. As regards any statement of a legal representative that effects the person or property of a minor, it shall be made with a view to the opinion of the minor of limited capacity.
(Art 2:12. (3)-(4) of the Act No. 5 of 2013 on the Civil Code)

4.3 Are there any other restrictions related to the rights of a minor (e.g. the right of succession) for the persons who have the right of custody or the right of legal representation of a minor in addition to the restrictions specified above?

Any legal act made by the legal representative of a minor – with effect of the minor’s assets – for giving gifts, undertaking obligations without adequate consideration, or for relinquishing rights without consideration shall be null and void. This provision shall apply mutatis mutandis to the legal representative’s consent to a legal statement made by a minor of limited legal capacity.
(Art 2:16. of the Act No. 5 of 2013 on the Civil Code)

4.4 May the right of representation be transferred to another person by means of a power of attorney?
No.

(With one exception: Where custody is exercised by the parents jointly, the parents may give a power of attorney collectively or separately authorising the other parent to administer the child’s property in the other parent’s stead. The power of attorney shall be considered valid if executed in an authentic instrument or in a private document countersigned by a lawyer. [(Art. 4:156 (1) of the Act No. 5 of 2013 on the Civil Code])

5.1 Does the law provide some kind of document, that gives evidence of the right of custody and/or representation?

Yes.

For the guardians the decision of the guardianship authority attests the quality of guardian.

The birth certificate of the minor attests the quality of parent. However, there is no specific document which attests that the right of custody of the parent is not revoked by the court and this information is not present in the birth certificate.  

The Civil Code protects the minor against the unlawful intervention of the parent without right of custody: nullity on the basis of incompetence or limited capacity of minors may be invoked in the interest of a person who is incompetent or of limited capacity.

(Art. 2:17. of the Act No. 5 of 2013 on the Civil Code)

5.2 Is there any other kind of document, that proves the right of custody and/or representation?

No.

6.1 What are the requirements for the formal validity of such a consent/permission/authorisation?

The agreement of both parents is required for the minor’s residence abroad for any extended period of time for the purpose of studies or work, or other similar reason, either by him/herself or together with one of the parents.

Parental authorisation is required for a child moving to another country. Parental authorisation is also required for a minor’s long-term stay in another country. In these two cases, both parents can exercise their right of custody even if only one of the parents has this right with regard to other questions. It is the task of the courts and another authorities to define “long-term” in each specific case.

(Art. 4:152 (5)-(6) and 4:175 (2) of the Act No. 5 of 2013 on the Civil Code)

The parents living separately and apart shall exercise their rights jointly having regard to major issues relating to the child’s well-being, also if custody has been awarded to one of the parents by agreement of the parents or by court decision, with the exception if the court has restricted or withdrawn the right of supervision of the parent living separately and apart from his/her child.

Major issues relating to the child’s well-being shall cover among others the relocation of the minor’s residence to a place abroad for long term residence or for the purpose of settlement.

If the parents living separately and apart are unable to reach an agreement in connection with any of the jointly exercised parental rights referred to above, the guardianship authority shall decide on the matters in question.

(Art. 4:175 (1)-(3) of the Act No. 5 of 2013 on the Civil Code)

There are no specific formal requirements for the validity of these agreements/authorisations.

Part 1: Protection measures for adults in loss of capacity

The Hungarian law makes the distinction between adults without legal capacity (cselekvőképtelen nagykorú) and with reduced legal capacity (cselekvőképességében részlegesen korlátozott személy).  The Civil Code of Hungary provides that the protection of the person and/or property of such vulnerable adults is exercised by guardianship. Persons of legal age whose necessary discretionary ability for conducting their affairs is – owing to their mental disorder – permanently or persistently diminished shall be placed by court order under guardianship (gondnokság) which partially limits their competency in respect of certain specific matters, where this is deemed justified due to his individual circumstances and family and social ties. Persons of legal age whose necessary discretionary ability for conducting their affairs is – owing to their mental disorder – completely lacking shall be placed by court order under guardianship that fully limits their competency in all matters of life, where this is deemed justified due to their individual circumstances and family and social ties. The appointment of the guardian (gondnok) (in certain cases guardians) is the competence of the custodian office (gyámhivatal). (Articles 2:19, 2:21, 2:31 of Act 5 of 2013 on the Civil Code])

Apart from some transactions/acts listed exhaustively by the Civil Code, the guardian proceeds instead and in the name of the person without legal capacity. In the case of persons with restricted legal capacity, the court determines the category/categories of matters in which the person with restricted legal capacity is not entitled to proceed individually and in which the guardian acts in his/her name. (Articles 2:20, 2:22 of Act 5 of 2013 on the Civil Code)

In the case of some transactions/acts with especially high level of importance (also listed exhaustively), the approval of the custodian office is required for the validity of the guardian.

(Article 2:23 of Act 5 of 2013 on the Civil Code)

Part 2: The possibilities of anticipating a loss of future capacity

Any person with full legal capacity to act may propose  for the future the person whom he or she wishes to have appointed by the judge as his guardian (gondnok) when he or she is in a situation of guardianship (gondnokság), and to establish the measures or criteria to be taken into account with regard to his person or his/her property. 

Advance decisions on medical treatment are used to provide instructions or to appoint the trusted person to give them at the appropriate time in the event that a person is no longer able to express his or her willingness to accept or refuse medical treatment, for example as a result of an accident or illness. The measures provided for in the advance directive cover only the doctor-patient relationship relating to the respect of the patient’s will with regard to the application of palliative pain treatments, the use of disproportionate and extraordinary treatments or the abusive and irrational extension of the patient’s life maintenance.