Înţelesul sintagmei „schimbarea împrejurărilor”. Modificarea măsurilor luate cu privire la minor. Schimbarea locuinţei
The meaning of the phrase “change of circumstances”. Modification of the measures taken regarding the minor. Change of residence

Summary/Abstract: Since any decision regarding the child must be made based on the child’s best interests, as expressly provided by Article 263 of the Civil Code, it follows that any change in circumstances must also be assessed in relation to that same best interest of the child. The change in circumstances should be understood to mean that, given the new conditions, the non-resident parent offers superior guarantees for the child’s harmonious physical, mental, spiritual, and moral development. In other words, a change of residence may be ordered either when the resident parent no longer provides the necessary guarantees for the child’s harmonious development and the other parent better fulfills this requirement, or when—although the guarantees considered at the time of the initial decision still exist—the other parent now offers superior conditions that were not present when the residence was first established.

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