Establishing the residence of the minor with third parties. The exception to the rule. Substantial reasons and the conditions that must be cumulatively met Cover Image
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Stabilirea locuinţei minorului la terţe persoane. Excepţia de la regulă. Motive temeinice şi condiţiile ce trebuie cumulativ îndeplinite
Establishing the residence of the minor with third parties. The exception to the rule. Substantial reasons and the conditions that must be cumulatively met

Author(s): Bogdan Dumitru Moloman
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: Child's Residence; Third Parties; Best Interest; Justified Reasons; Civil Code;

Summary/Abstract: The summarized jurisprudence examines the exceptional conditions under which a child's residence can be established with third parties, rather than with their parents. Typically, a child lives with their parents, or with one parent in case of separation. However, if it is in the child's best interest, their residence may be set with others, as specified in Article 400, paragraph (3) of the Civil Code. This requires two cumulative conditions: justified reasons to deviate from the fundamental rule and compatibility with the child's best interest. Such reasons may include lack of parental housing, medical internment, or living in risky areas. The decision must clearly enhance the child's physical and moral development, socio-emotional balance, and family life. This measure should only be considered when it strongly aligns with the child's superior interest.

  • Issue Year: 2024
  • Issue No: 02
  • Page Range: 383-389
  • Page Count: 7
  • Language: Romanian
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