THE ROMANIAN CASE LAW BETWEEN MAINTAINING RESPECTIVELY RESTRICTING THE RIGHT OF HAVING PERSONAL CONTACT WITH THE MINOR IN THE CONTEXT OF THE STATE OF EMERGENCY GENERATED BY THE SARS-CoV-2 PANDEMIC
THE ROMANIAN CASE LAW BETWEEN MAINTAINING RESPECTIVELY RESTRICTING THE RIGHT OF HAVING PERSONAL CONTACT WITH THE MINOR IN THE CONTEXT OF THE STATE OF EMERGENCY GENERATED BY THE SARS-CoV-2 PANDEMIC

Summary/Abstract: In this paper we would like to bring under debate an issue from the Romanian law courts practice that relates to the necessity of restricting or not the right of the non-resident parent of having personal contact with the minor, in the context of the state emergency generated by the SARS-CoV-2 pandemic. The study begins with brief clarifications regarding the analysed right, indicating the conditions where we consider that a limitation of this right is supported, by applying the proportionality standard. The essence of the paper will consists in an exemplificative analysis of the decisions of Romanian law courts ruled in the mentioned period - regarding the issue under discussion, on which we will finally make short critical notes according to the manner in which it was ruled.

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