2. Decădere din exerciţiul drepturilor părinteşti. Competenţă. Întindere
2. Deprivation of parental rights. Jurisdiction. Scope

Summary/Abstract: 1. The jurisdiction to resolve in first instance the application for the deprivation of parental rights, which was disjoined from the application for the replacement of emergency placement with the placement measure, belongs to the court. In the event that, for example, the general directorate of social assistance and child protection files in court a request among those provided for by the special law (Law no. 272/2004) and, in relation to the particularities of the case before it, considers that the measure of deprivation of parents from the exercise of parental rights is also required, the substantive procedural jurisdiction belongs to the court, in first instance, and to the court of appeal, in appeal, as a result of the extension of jurisdiction determined by the close connection between the heads of claim. 2. Although the court considered that the request of the mother, deprived of the exercise of parental rights, to retain the right to have personal relations with the minors appears to be inadmissible, we consider that there are solid arguments to the contrary, in the sense that if subsequent to the formulation of a request having as its object the restoration of the exercise of parental rights, the parent has the expressly established right to request permission for relations with the minor, then the same reasons could solid arguments for the introduction of such a request, with the aim of cultivating the parent child relationship and preventing a deep fracture.

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