MODALITĂŢI ÎN CARE INSTANŢA DE TUTELĂ VALORIFICĂ PRINCIPIUL INTERESULUI SUPERIOR AL COPILULUI
WAYS IN WHICH FAMILY COURTS TAKE INTO CONSIDERATION THE SUPREMACY OF CHILDREN’S WELL-BEING

Summary/Abstract: Disputes specific to family relationships affect not only the parents involved in the conflict, but especially the minors who may take part in these disputes without their will, with a special impact on their development. There are a number of benchmarks provided by the case law of the European Court of Human Rights in illustrating the principle of the well-being of the child. For example, in Pascal's case against Romania, it is stated that the right of the parent and the child to enjoy each other's company is a fundamental element of "family life" within the meaning of art. 8 of the Convention. " What concerns the judge of each case directly with elements of family law is whether a fair balance has been struck between the various interests involved, namely the interests of the child and the mother, the applicant and the general interest in ensuring the rule of law. It is also imperative in domestic law that the principle of the best interests of the child prevail in all proceedings and decisions concerning children, taken by public authorities and authorized private bodies, as well as in cases resolved by the courts. With the enforcement of the Civil Code the institution of parental authority has been regulated. It belongs equally to both parents, according to the principle that it is in the best interests of the child for both parents to actively participate in his or her upbringing, education and care. We are offered a series of coordinates that the judge will analyze when investigating the merits of a case that has as its object the exercise of parental authority. It is about a healthy development both morally and physically, maintaining a balance between the social and emotional plan and respecting the right to have a family life, more precisely to keep in touch with each of the parents, even after their separation. In the conduct of such litigation, the child is heard by the judge, only with the participation of the clerk, and following his reports, a report is drawn up by the clerk, which is to be attached to the case file. The parties will take note of the contents of this minor hearing record, from the case file, which will be drawn up in a single copy. With regard to the questions the judge is asking, it is preferable that each word be chosen carefully so as not to shake the listener emotionally. At the same time, it is essential to build a relationship of trust as a recommendation. In our opinion, the arrangement of as many special rooms dedicated to listening to minors in the courts and prosecutor's offices in Romania would have a high utility. The main goal is to reduce the negative impact on the emotional and mental health of minors who are heard during court proceedings. It is therefore up to the judge of the case to make a decision taking into account a number of factors, and it is of particular importance to know as many as possible. It aims to be based on the principle of the well-being of the child in the best possible way.

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