Women and Justice: Keywords

Domestic Case Law

AP 2537/09 – Dalibor Perić Ustavni Sud Bosne i Hercegovine (Constitutional Court of Bosnia and Herzegovina) (2009)

Divorce and dissolution of marriage, Domestic and intimate partner violence

In 2004, the common-law marriage between Dalibor Perić (“Perić”) and his wife was terminated. Perić’s ex-wife was granted custody of their two-year-old son, and Perić was ordered to pay BAM 100 per month in child support. Over the next three years, Perić never paid child support, he verbally abused and physically assaulted his ex-wife and her parents resulting in two domestic violence charges. In addition, he beat the child on several occasions. In 2007, the mother of the child filed a motion to terminate Perić’s parental rights. Two years later, the Basic Court in Bijeljina stripped Perić of his parental rights pursuant to Article 106 of the Family Law of the Republika Srpska. The County Court of Bijelina dismissed Perić’s appeal and upheld the lower court’s ruling. Perić then appealed to the Constitutional Court of BiH, arguing the ruling of the County Court violated his right to a fair trial and right to private and family life. Because no draft decision received a majority vote, the Constitutional Court of BiH dismissed Perić’s appeal.

Decision available in English here.