PARENTS’ RIGHT AND DUTY TO CARE FOR THE CHILD

In order to fulfill the obligation to raise the child, parents have a series of rights and duties, among which, the right and duty to care for the child. Both internationally and Europeanly or in national law, the fundamental right of the child to maintain regular personal relationships and direct c...

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Bibliographic Details
Main Author: Ciprian Raul ROMIȚAN
Format: Article
Language:English
Published: Nicolae Titulescu University Publishing House 2021-05-01
Series:Challenges of the Knowledge Society
Subjects:
Online Access:http://cks.univnt.ro/download/cks_2021_articles%252F2_private_law%252FCKS_2021_PRIVATE_LAW_015.pdf
Description
Summary:In order to fulfill the obligation to raise the child, parents have a series of rights and duties, among which, the right and duty to care for the child. Both internationally and Europeanly or in national law, the fundamental right of the child to maintain regular personal relationships and direct contacts with both parents, as well as that of the parent of having personal connections (relations) with the minor, his/her child is provided. At the same time, the child has the right to grow up with his/her parents. In this respect, the law provides the rule according to which the minor child lives with his/her parents but does not distinguish between how the parents are married with each other or not. The forms of accomplishment of the right to have personal relations with the minor child are complex, these being detailed as an example in the laws in this field, among them the right to visit being specified. In the event that the parents do not live together, they will, by mutual agreement, establish the child's home and in case of disagreement between them, the child's home will be established by the decision of the guardianship court, taking into account the best interests of the child. As this study will show, it is in the child's best interest to maintain and consolidate personal relations, not only with the parent at which child does not live permanently, but also with other family members, in a broader sense, with all persons who descend from one another or from one common author, among whom there is a blood community, such as grandparents.
ISSN:2068-7796