THEORETICAL AND PRACTICAL ISSUES REGARDING THE CHILD’S CARE

• Main Authors: Dan LUPAȘCU, Cristian MAREȘ
• Format: Article
• Language: English
• Published: Nicolae Titulescu University Publishing House 2018-05-01
• Series: Challenges of the Knowledge Society
• Subjects: child’s care; child’s protection; child’s dwelling; custody authority; parental authority
• Online Access: http://cks.univnt.ro/uploads/cks_2018_articles/index.php?dir=2_private_law%2F&download=CKS_2018_private_law_013.pdf

Following the entry into force of Law No. 257/2013 for the amendment of Law No. 272/2004 on the protection and promotion of the child’s rights new provisions were adopted in relation with the child’s protection whose parents work abroad. This regulation was necessary in view of the increasing number of parents who, due to the need to ensure a decent living for the dependent children, are forced to work outside of Romania, but for this reason they neglect to raise and to care for them. The study examines theoretical issues of the child’s care that raise some debates in the doctrine. The research also consists in the analysis of the new regulation related to the child’s care both from theoretical and practical perspectives. The authors intend to carry out an analysis of the relevant case law of the courts of law in the matter of child’s care. From this perspective, there are some issues in relation to a child’s dwelling when his parents do not live together anymore. As far as the change of the child's dwelling is concerned, we have to distinguish between the children entrusted to one of the parents according to the Family Code and the children for whom the parental authority has been ordered to be jointly exercised and to have their place of residence with one of their parents, according to the provisions of the Civil Code. With respect to the child’s dwelling, both within the doctrine and the case law, it has emerged the notion of alternative or sharing dwelling of the child.