PROTECTION ORDER VERSUS (?) PARENTAL AUTHORITY
Parental authority includes in its scope important decisions related to minors, as identified by Article 36 of Law no. 272/2004 (form of education and professional training, complex medical treatments and surgery, residence of the child or administration of property), which are by consequence to be...
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| Format: | Article |
| Language: | English |
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Nicolae Titulescu University Publishing House
2021-05-01
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| Series: | Challenges of the Knowledge Society |
| Subjects: | |
| Online Access: | http://cks.univnt.ro/download/cks_2021_articles%252F2_private_law%252FCKS_2021_PRIVATE_LAW_029.pdf |
| _version_ | 1818755344723083264 |
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| author | Anca Magda VOICULESCU |
| author_facet | Anca Magda VOICULESCU |
| author_sort | Anca Magda VOICULESCU |
| collection | DOAJ |
| description | Parental authority includes in its scope important decisions related to minors, as identified by Article 36 of Law no. 272/2004 (form of education and professional training, complex medical treatments and surgery, residence of the child or administration of property), which are by consequence to be taken only by agreement of both parents. It is an institution which is genuinely based on collaboration of parents. Apparently a totally distinct institution, protection order is provided for by Law no. 217/2003 as a legal instrument to ensure the protection of victims against domestic violence. It is often used by one parent against the other, in the larger context of juridical disputes generated by divorce, and implies categorical opposition. Although the two legal institutions are distinguished and the premises on which they act are indeed different, case-law has revealed the existence of significant interferences, which exceed simple terminological differences and arise problematic issues both in substance, as in procedure. The purpose of this article is to examine these interconnections from a double perspective, both theoretical and practical, starting from a natural question: does the existence of a protection order interfere (and in the affirmative, to what extent) with the exercise of parental authority? Therefore, the objectives of this study are to examine relevant procedural and substantial matters as they derive from the experience so far and propose solutions, in an attempt to demonstrate that these two institutions may function together. |
| first_indexed | 2024-12-18T05:37:40Z |
| format | Article |
| id | doaj.art-5d34083e017b42cba62418aba6f98c60 |
| institution | Directory Open Access Journal |
| issn | 2068-7796 |
| language | English |
| last_indexed | 2024-12-18T05:37:40Z |
| publishDate | 2021-05-01 |
| publisher | Nicolae Titulescu University Publishing House |
| record_format | Article |
| series | Challenges of the Knowledge Society |
| spelling | doaj.art-5d34083e017b42cba62418aba6f98c602022-12-21T21:19:15ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962021-05-01141354360PROTECTION ORDER VERSUS (?) PARENTAL AUTHORITY Anca Magda VOICULESCU0PhD, Judge at Bucharest Tribunal, trainer in family law at Romanian National Institute of Magistracy, Romanian designated judge in International Network of Hague Judges for 1980 Hague Convention on the Civil Aspects of International Child Abduction (e-mail: ancamagda.voiculescu@gmail.com)Parental authority includes in its scope important decisions related to minors, as identified by Article 36 of Law no. 272/2004 (form of education and professional training, complex medical treatments and surgery, residence of the child or administration of property), which are by consequence to be taken only by agreement of both parents. It is an institution which is genuinely based on collaboration of parents. Apparently a totally distinct institution, protection order is provided for by Law no. 217/2003 as a legal instrument to ensure the protection of victims against domestic violence. It is often used by one parent against the other, in the larger context of juridical disputes generated by divorce, and implies categorical opposition. Although the two legal institutions are distinguished and the premises on which they act are indeed different, case-law has revealed the existence of significant interferences, which exceed simple terminological differences and arise problematic issues both in substance, as in procedure. The purpose of this article is to examine these interconnections from a double perspective, both theoretical and practical, starting from a natural question: does the existence of a protection order interfere (and in the affirmative, to what extent) with the exercise of parental authority? Therefore, the objectives of this study are to examine relevant procedural and substantial matters as they derive from the experience so far and propose solutions, in an attempt to demonstrate that these two institutions may function together.http://cks.univnt.ro/download/cks_2021_articles%252F2_private_law%252FCKS_2021_PRIVATE_LAW_029.pdfprotection orderparental authorityimportant decisionsparental disagreementjuridical interferences |
| spellingShingle | Anca Magda VOICULESCU PROTECTION ORDER VERSUS (?) PARENTAL AUTHORITY Challenges of the Knowledge Society protection order parental authority important decisions parental disagreement juridical interferences |
| title | PROTECTION ORDER VERSUS (?) PARENTAL AUTHORITY |
| title_full | PROTECTION ORDER VERSUS (?) PARENTAL AUTHORITY |
| title_fullStr | PROTECTION ORDER VERSUS (?) PARENTAL AUTHORITY |
| title_full_unstemmed | PROTECTION ORDER VERSUS (?) PARENTAL AUTHORITY |
| title_short | PROTECTION ORDER VERSUS (?) PARENTAL AUTHORITY |
| title_sort | protection order versus parental authority |
| topic | protection order parental authority important decisions parental disagreement juridical interferences |
| url | http://cks.univnt.ro/download/cks_2021_articles%252F2_private_law%252FCKS_2021_PRIVATE_LAW_029.pdf |
| work_keys_str_mv | AT ancamagdavoiculescu protectionorderversusparentalauthority |