CINE DECIDE CU CINE VA LOCUI COPILUL?
WHO DECIDES WHO THE CHILD LIVES WITH?

Summary/Abstract: In the child's situation, his domicile is not only an element through which he identifies himself in space, but also an element that expresses the connection with his parents or with a third person. Therefore, the answer to the question Who decides where the child lives? is of utmost importance from his point of view. The answer will depend on the way of exercising parental authority, on the person who will exercise this authority as well as on the age of the minor. Romanian legislation recognizes the child's right to be heard in any administrative or judicial procedure that concerns him,if it involved the age of 10, his hearing is mandatory. Beyond the analysis of legislation and jurisprudence, our attention is focused, in particular, on the possibilities of the minor to decide or, at least to influence, the establishment of his home. In the absence of the real possibility to influence the decision that concerns him,, the child risks becoming a simple object that parents share and transact with.

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