Brief aspects on the role and importance of the (psycho)social investigation carried out by the guardianship authority Cover Image
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Succinte aspecte privind rolul şi importanţa anchetei (psiho)sociale efectuate de autoritatea tutelară
Brief aspects on the role and importance of the (psycho)social investigation carried out by the guardianship authority

Author(s): Bogdan Dumitru Moloman
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: (psycho)social investigation; means of proof; minor; listening to the minor; guardianship authority; divorce;

Summary/Abstract: The guardianship authority – an institution created by the legislator to ensure the observance and protection of the rights of certain people in need of increased attention – often plays the role of a “detective” who, through an on site investigation, with the (psycho)social investigation, seeks “evidence” and analyzes the minor’s behavior in relation to his parents and sometimes to members of his/her extended family. The investigation developed by the guardianship authority aims to provide the judge with all the necessary information to observe in detail issues that, without a trip to the family and without close monitoring, cannot be identified. Thus, the (psycho)social investigation contributes to the shaping of an overview meant to clarify the court regarding all family aspects – social, psychological, etc. In this study we will analyze the content of (psycho)social investigations conducted by the guardianship authority related to the subject matter of the dispute, and highlight, at the same time, the necessary elements to be inserted in them, and we will try to answer the question “what is the legal nature of the investigation?”. Where appropriate, we will present our views on how the investigation can be challenged.

  • Issue Year: 2021
  • Issue No: 1
  • Page Range: 293-324
  • Page Count: 32
  • Language: Romanian
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