Examination of judicial practice on the exercise of parental authority by a single parent

• Author: Valeria Gheorghiu
• Position: Associate professor
• Pages: 271-281

Examination of judicial practice on the exercise of parental authority

by a single parent

1

Associate professor Valeria GHEORGHIU

2

Abstrac t

The specific objective of the present stud y lies in identifyin g how respected the

princi ple of joint exerc ise of parent al auth ority, enshrined in the Romanian legislature . The

aim of Civ il fundament al rule is to recognize the acti ve partic ipation regard ing compliance

by t he parent s of the rig ht to psychol ogical an d physical wel fare of their ch ildren, growt h,

educa tion, training and their healt h. Ana lysis in terests o f the c hild enshrined rule tha t

parent al rights are not on ly father but also pa rental duti es so that this breach legal

obli gations shoul d be dul y reasoned . Kno wledge o f basi c civil co mplyi ng with the

require ments resultin g from co mmitments made by Romani a in t he Europea n integ ration

process and the new statu s of o ur cou ntry's membersh ip of the Europea n Union .

Jurispru dence should sh are the idea tha t joi nt parental a uthority is the rule and the

except ion exclu sive. The ava ilabilit y princip le in sub sequent ci vil trial must be the

protec tion of t he intere sts of the child. Ju st this socia l reality we ca n talk ab out a Europe

consti tuted by an d for chil dren.

Keyword s: child, parental authori ty, the ch ild's be st inte rest, digni ty, freedom of

opinion.

JEL Cla ssification: K36

1. Introductory juvenile rights in a "built Europe

for and with Children

3

"

The scientific approach presents an approach to juvenile rights from a

multidisciplinary approach

4

. It also proposes that Romania

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professionals to realize

the place, role, rights and interests of children from different perspectives.

1

This art icle w as submitt ed to 6th International Conference “ Perspectives of Business Law in t he

Third M illennium”, 25 -26 November 2016, the Bucharest University of Economic Studies,

Bucharest, Romania.

2

Valeria Gheorghiu – „Alexandru Ioan Cuza” Police Academy of Bucharest,

valeria.gheorghiu@yahoo.com

3

See "Guidelines Committee of Ministers of Council of Europe on child-friendly justice" adopted by

the Committee of M inisters of the Council of Europe on 17 November 2010 -

www.coe.int/children, document accessed on 11.10.2016. It frequently uses t he terms "holder of

rights and fundamental freedoms" and "best interest s of the child".

4

For analytical documentation, see "Manual pilot course on child rights for professionals in

Romania" - M atra - KAP Embassy of the Netherlands by the Association for European Integration

EUROCART, Editing: Manuela Palamari, Braşov, 2007.