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Aspects of Practical Implementation of a Child’s Separation from Their Parents

Summary/Abstract: Each child has the inherent right to life and healthy development, the right to know his or her parents and to live together with his or her parents, as well as to be brought up and maintained by them. However, parents are not always able to implement their rights and duties in respect to their children. Since the child may not be left without guardianship, the need to implement the rights of the child, to ensure his or her interests and to represent him or her, leading to the restriction of parental powers and establishment of guardianship (care) for the child arises. One of the ways of restricting parental powers is through a child’s separation from their parents. After the child's separation from their parents (the father or mother), the parents lose the right to live with the child and to require the return of the child to them from other persons. Parent may exercise their other rights as much as possible when living separately from their child. It has been established that the problem of implementation of parental rights and duties in respect of their children arises when implementing the child’s separation from their parents: although parents retain all rights and duties with regard to their child, except for the right to live together with the child and to represent him or her, the child’s guardian also implements rights and duties in respect of the child, therefore, it remains unclear who should be given the priority when implementing the rights of the child and ensuring his or her interests—the parents or guardians. When implementing the child's separation from their parent(s), limitation of statutory regulation arises: implementation of separation is possible only in the cases when a mother/father/parents are not able to implement the rights and duties in respect of the child due to any objective circumstances related to physical separation (suffer(s) the disease which requires out-patient treatment or is/are departed). In other cases, when parents live together with their child although they are not able to represent the rights and interests of the child due to their state of health, the situation does not fulfill the condition of implementation of the separation, i.e. parents do not live separately from the child.

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