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ABSTRACT
The exercise of parental rights is subordinated to the general principle of superior interest of the child, provided by article 2 paragraph 3 of the Law no. 272/2004 on the Protection and Promotion of the Rights of the Child according to which "the principle of the best interests of the child shall prevail in all the approaches and decisions concerning the children, undertaken both by the public authorities, as well as in the cases solved by the courts".
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KEYWORDS
Parental rights, parental authority, principle, superior interest, plaintiff, defendant
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REFERENCES
[1] Article 2 paragraph 4 of Law no. 272/2004 on the protection and promotion of the rights of the child stipulates that “The principle of the best interests of the child will prevail in all approaches and decisions concerning children, undertaken by public authorities and authorized private bodies, as well as in the cases solved by the judiciary courts.”
[2] Article 2 paragraph 4 of Law no. 272/2004 on the protection and promotion of the rights of the child stipulates that “In determining the best interest of the child, at least the following are considered: the needs of physical, psychological, educational and health development, security and stability and belonging to a family;”
[3] Article 42 of the previous Family Code, in force until October 2011, stipulated: “The court will decide, with the divorce pronouncement, to which the parents will be entrusted to the minor children. To this end, the court will listen to the parents and the guardianship authority and, taking into account the interests of the children, whom they will also listen to if they have reached the age of ten, will decide for each of the children if they are entrusted to their father or mother.”
[4] Article 398 paragraph 1 of Civil Code stipulates: “f there are good reasons, given by the superior interest of the child, the court decides that the parental authority is exercised only by one of the parents.”
[5] Article 399 paragraph 1 of Civil Code stipulates: “Exceptionally, the guardianship court may decide to place the child on a relative or other family or person, with their consent, or in a protection institution. They exercise the rights and duties of parents with respect to the child.”
[6] Civil decision no. 7110/14.10.2013 pronounced by the Giurgiu City Court of Justice – Civil Section in the file no. 7430/236/2011
[7] Civil decision no. 311/14.11.2014 pronounced by the Giurgiu County Court of Justice – Civil Section in the file no. 7430/236/2011
[8] Civil decision no. 1110/ 27.10.2015 pronounced by Bucharest Court of Appeal – Third Civil Section in the file no. 7430/236/2011
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