Examination of judicial practice on the exercise of parental authority
by a single parent
Associate professor Valeria GHEORGHIU
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
JEL Cla ssification: K36
1. Introductory juvenile rights in a "built Europe
for and with Children
The scientific approach presents an approach to juvenile rights from a
. It also proposes that Romania
professionals to realize
the place, role, rights and interests of children from different perspectives.
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,
Valeria Gheorghiu – „Alexandru Ioan Cuza” Police Academy of Bucharest,
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".
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.