Theoretical And Practical Issues Regarding The Child's Care

• Author: Dan Lupascu, Cristian Mares
• Pages: 11-20

LESIJ NO. XXV, VOL. 1/2018

THEORETICAL AND PRACTICAL ISSUES REGARDING THE

CHILD’S CARE

Dan LUPACU

Cristian MARE

Abstract

Following the entry into force of Law No. 257/2013 for the amendment of Law No. 272/2004

on the protection and pr omotion of the child’s rights new provisions were adopted in rela tion with the

child’s protection whose parents work abroad . This regulation was necessar y in view of the increasing

number of parents who, due to the need to ensure a decent living for the dependent children, ar e forced

to work outside of Romania, but for this reason they neglect to raise a nd to care for them. The study

examines theoretical issues of the child’s care that raise some deba tes in the doctrine. The resea rch

also consists in the ana lysis of the new regulation rela ted to the child’s care both from theoretical and

practica l perspectives. The authors intend to carry out an analysis of the relevant case law of the courts

of law in the matter of child’s care. Fr om this perspective, there are some issues in relation to a child’s

dwelling when his parents do not live together anymore. As far as the change of the child's dwelling is

concerned, we have to distinguish between the children entrusted to one of the parents accor ding to the

Family Code and the children for whom the parenta l authority has been ordered to be jointly exercised

and to ha ve their pla ce of residence with one of their pa rents, according to the provisions of the Civil

Code. With respect to the child’s dwelling, both within the doctrine and the ca se law, it has emerged

the notion of alternative or sha ring dwelling of the child.

Keywords: child’s care, child’s pr otection, child’s dwelling, custody author ity, parental

authority.

1. Introduction

This paper intends to clarify a few

issues related to the child’s care that raise

some debates in the doctrine.

Two years after the entry into force of

the Civil Code (Law no. 287/2009,

republished)

1, it was adopted the Law no.

257/2013 on the amendment and addition of

Law no. 272/2004 on the protection and

promotion of the rights of the child, which

 Professor, PhD,ă Facultyă ofă Law,ă “Nicolaeă Titulescu”ă University,ă Bucharestă (e-mail:

prof.danlupascu@gmail.com).

 Lecturer, PhD, Faculty of Law and Administrativeă Sciences,ă “Valahia”ă University,ă Târgoviteă (e-mail:

cristian.mares@mares.ro).

1 Published in the Oficial Journal of Romania no. 505 of July 15, 2011 as further amended.

governed for the first time within our

legislation the child’s protection whose

parents are working abroad. After two more

years fro m the entry into force of the Law

no. 257/2013, it was ad opted the

Government Decision no. 691/2015

approving the Procedure of monitoring the

way of raising and caring for the child with

parents abroad and the services they can

benefit from, as well as approving the

Working Methodology on Collaboration

between the general directions of social

assistance and child protection and public