EXERCISE OF THE RIGHT OF HAVING PERSONAL RELATIONS WITH THE CHILD IN THE EVENT OF DISAGREEMENT BETWEEN PARENTS. PRACTICAL ASPECTS OF THE ROMANIAN COURTS
EXERCISE OF THE RIGHT OF HAVING PERSONAL RELATIONS WITH THE CHILD IN THE EVENT OF DISAGREEMENT BETWEEN PARENTS. PRACTICAL ASPECTS OF THE ROMANIAN COURTS

Summary/Abstract: This study mainly examines how the Romanian courts have handled cases that essentially concerned the rights of the parent separated from the child. The selected jurisprudential examples aim to ensure a balance between the interests of the child and those of the parent where the child does not live permanently, revealing that there may be situations where the child's interest prevails over that of his parent. Thus, the magistrates of such cases based their decisions on criteria such as: the age of the minors, their health status, the parent-child distance, the structure of the parent-child relations, the minimization, as far as possible, of the changes in the life program of the children, concluding, in most cases, that the active involvement of both parents has undeniable benefits for the child's development. In court cases, which involved solutions to limit the relations between a parent and his minor child, the judge of the case, in order to ensure the positive obligation of the State to guarantee the right to family life imposed by international documents, had to apply the proportionality standard.

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