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

Author:Valeria Gheorghiu
Position:Police Academy of Bucharest
Pages:271-281
SUMMARY

The specific objective of the present study lies in identifying how respected the principle of joint exercise of parental authority, enshrined in the Romanian legislature. The aim of Civil fundamental rule is to recognize the active participation regarding compliance by the parents of the right to psychological and physical welfare of their children, growth, education, training and their health.... (see full summary)

 
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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 t he
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.
Keywords: 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
5
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 the t erms "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.

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