Determinarea domiciliului copilului: probleme teoretice şi practice
Determination of the place of a child's residence: problems of theory and practice
Author(s): Marcel BoşcaneanuSubject(s): Law, Constitution, Jurisprudence, Civil Law, Human Rights and Humanitarian Law, EU-Legislation, Court case
Published by: Academia “Stefan cel Mare” a MAI al Republicii Moldova
Keywords: place of residence of the child; separate domicile of the parents; interests of the child; equal rights of the parents; parental consent;
Summary/Abstract: The article is dedicated to the analysis of current legislation on issues related to the protection of children’s rights and interests in resolving disputes regarding the child’s place of residence in the event of parental separation. The question of the possibility of resolving this issue by concluding a parental agreement on determining the child’s place of residence is examined. Particular attention is paid to the issue of taking into account the views of the child, depending on his age. Examples from judicial practice are used, including the European Court of Human Rights. Suggestions are made for improving existing family law and the practice of enforcing it.
- Issue Year: 2/2021
- Issue No: 14
- Page Range: 226-239
- Page Count: 14
- Language: English, Romanian