Exercitarea autorităţii părinteşti în comun de către ambii părinţi şi privarea de facto de exerciţiul autorităţii părinteşti în cazul răpirii internaţionale de minori
Jointly exercising the parental authority by both parents and de facto deprivation of the exercise of the parental authority in the case of international child abduction

Summary/Abstract: The general nature of the rule indicated in art. 503 para. (1) of the Civil Code is outstanding: the exercise of parental authority by both parents together and on an equal basis has become a principle, independent of the relationship existing between parents (married, divorced, separated in fact parents, concubines). The exercise of parental authority shall be, therefore, an issue which is raised for all parents, however, it may be differently raised depending on their way of life, together or separately, and depending on the way they have been getting along. In a first analysis, we shall deal with the issues related to the subjects and conditions of exercising parental authority, and thereafter, we will develop its exercise by both parents jointly, with its corollary – the presumption of the parental agreement –, the intervention of the family court both in the settlement of conflicts between parents and in the approval of the parents’ agreement. The last part of our study will be dedicated to the case of international child abduction, which represents, in our opinion, a de facto deprivation or the removal of one parent from exercising his or her parental authority.

• Details
• Contents