Imputability in the judicial enforcement of contact orders: the first five years of the Hungarian model

Abstract

The article examines the role of imputability in the judicial enforcement of contact orders during the first five years of Hungary’s reformed enforcement system. Following the transfer of jurisdiction from the guardianship authorities to the courts on 1 March 2020, the enforcement of contact orders became part of non-contentious civil proceedings, introducing significant changes to both the procedural framework and the substantive conditions of enforcement. The paper analyses the transition from the former fault-based approach to the objective standard of imputability, explores its doctrinal foundations, and evaluates its application in judicial practice. Drawing on legal analysis and court file research conducted at the Debrecen District Court, the study assesses whether the new model has achieved its intended objectives of enhancing legal certainty, procedural efficiency, and the protection of the best interests of the child.