Theoretical And Practical Issues Regarding The Child's Care

AuthorDan Lupascu, Cristian Mares
LESIJ NO. XXV, VOL. 1/2018
Cristian MARE
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
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,
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:
 Lecturer, PhD, Faculty of Law and Administrativeă Sciences,ă “Valahia”ă University,ă Târgoviteă (e-mail:
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

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