Reglementarea în premieră europeană a înstrăinării părinteşti, ca formă de abuz, în România
Romania’s Regulation of Parental Alienation as a Form of Abuse – a European Premiere
Author(s): Irina ApetreiSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Polis Books Publishing House
Keywords: parental alienation; parental authority; best interests of the child; legal effects; risks; limits of regulation;
Summary/Abstract: Although regulated in other states and existing in previous Romanian case-law on the matter, the institution of parental alienation was regulated in Romania for the first time through Law no.123/2024 amending and supplementing Law no.272/2004 on the protection and promotion of the rights of the child. In analyzing this new regulation, wepresent a theoretical approach to the provisions of the law, which starts with clarifying both the legal and the psychological concept of parental alienation and continues with the effects of regulating this new institution on the exercise of parental authority, with the competent authorities and the legal measures that must be taken in the event of its existence, as well as with the shortcomings that may arise in judicial practice. While undoubtedly appreciating the regulation itself, we cannot help but notice the fact that for Romania it represents just a beginning of the journey, with challenges, risks, and also some gaps that need to be filled in the future.
Journal: Anuarul Universităţii »Petre Andrei« Iaşi - Fascicula Drept, Ştiinţe Economice, Ştiinţe Politice
- Issue Year: 2025
- Issue No: 34
- Page Range: 12-23
- Page Count: 12
- Language: Romanian
