My ex-wife, without my knowledge, entrusted the child to the care of a grandmother

Hello,

the situation is as follows. I am the father of a minor child aged 6 years. Her mother and I are divorced, but custody is shared. The child’s mother was hospitalized in Vrapče a month ago due to a diagnosis of bipolar disorder. During her hospitalization, she entrusted the child to the care of the child’s grandmother, without anyone informing me of her hospitalization and that the child was with the grandmother. Did she act legally? Thank you for your reply.

Article 110 states: 

(1) Parents, regardless of whether they exercise parental care jointly or independently, have the right to independently make daily decisions regarding the child while the child is with one of them. 

(2) Parents are obliged to respect each other’s parental independence in making the decisions referred to in paragraph 1 of this Article and parental authority at the time when the child is with the other parent. 

(3) In urgent cases, when there is an imminent danger to the child, each parent has the right, without the consent of the other parent, to make decisions on taking necessary actions in accordance with the child’s welfare and to inform the other parent as soon as possible. 

(4) Everyday decisions referred to in paragraph 1 of this Article may also be made by another family member who lives with the child with the consent of the parents. 

(5) Decisions on taking necessary actions referred to in paragraph 3 of this Article may also be made by another family member living with the child or a responsible person in the educational institution the child attends in the event of imminent danger during child’s stay at school.

In layman terms, the mother acted legally, it would be responsible to tell the father where his child is. If the mother stayed in the hospital for more than 30 days, she was obliged to entrust the child to her grandparents with a notarized statement.