Relatiile personale dintre părinti si copii– element fundamental al vietii de familie
The personal relationship between parents and children – fundamental element of the family life

Summary/Abstract: Insofar as the under age child lacks physical and mental maturity it is necessary that his individual and his/her legacy be protected by a mature and capable individual to make mature and reasonable decisions with the aim of a harmonious development of his personality and ensuring his material welfare. As a consequence, the adults in whose care the child is as a legal provision, have the task to ensure his protection and full accomplishing of his personal and material interests which the law bestow on him. With the view to accomplish this task, the adult person has certain duties and rights which together constitute the contents of parental care. Naturally speaking the function of protection of the underage child has to be performed by the proximity of the blood relationship and real affectivity relationship that exists among the parents and child. Within the Romanian Law this rule flows from Article 5, second paragraph of the Law 272/ 2004 concerning the protection and promotion of the rights of the child that establishes that the responsibility for the child bringing up and ensuring his developing is held first and foremost by the parents. The same are provided by the dispositions of the article 6 of the same law. In certain situations the child may be separated by one or both of his parents. As a principle the separation of the child from his parents does not have as a consequence the pay off of all the duties or losing the parental rights. Thus the parent is entitled by the law to have personal relationships with the child, to oversee his bringing up, education and the professional training (Article 43 paragraph 3 Fam. C). On the other hand, under the direct incidence of the Convention regarding the respect to the child’s rights whose dispositions were taken on in the internal law, the Romanian law gives by means of Article 16 of Law 272/2004 the child the right to maintain personal relationships and direcs connections with both parents in the case he was separated by one or both of the parents by a provision of the law, except those situations when they are contrary to the child’s interest.

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