Aspects Regarding the Need to Settle Conflicts Between Parents as Concerns the Exercise of Parental Rights Within a Reasonable Time
DOI:
https://doi.org/10.18662/jls/17.1-2/101Keywords:
children, exercise of parental rights, reasonable time, divorce/separationAbstract
For the special situations that may occur due to the wrong behaviour of a parent there must be identified solutions to ensure the actual protection of the child, even towards his/her parent. These solutions must be identified and applied within a reasonable time, otherwise the inadequate behavior of the parent being favored and strengthened, and the treatment of the traumas suffered by the child will be more and more difficult to accomplish. The state must organize its judiciary system so that its jurisdictions, especially in the cases concerning children, guarantee the right to obtain a decision within a reasonable time.
References
Pivniceru, M. M., & Luca, C. (2016) . The best interests of the child. Psychological expertise in case of separation/divorce of the parents. Hamangiu Publishing House.
The Civil Code of 2009 (Law No. 287/2009), republished in the Official Gazette of Romania No. 505 of July 15, 2011, as subsequently amended.
The Criminal Code of 2009 (Law No. 286/2009), published in the Official Gazette of Romania No. 505 of July 24, 2009, as subsequently amended.
Code of Civil Procedure of 2010 (Legea nr. 134/2010), republished in the Official Gazette of Romania No. 247 of October the 4th, 2015, with subsequent amendments.
Law No. 217/2003 for the prevention and combating of domestic violence, republished in the Official Gazette of Romania No. 948 of October 15, 2020, as subsequently amended.
Law No. 272/2004 concerning the protection and promotion of the rights of children, republished in the Official Gazette of Romania No. 159 of March 5, 2014, with subsequent amendments.
Provision no. 2/2016 for the recognition of the phenomenon of parental alienation and the provisions of the Protocol concerning the recognition of the phenomenon of parental alienation, concluded between the Institute of Judicial Psychology and the Romanian Association for Joint Custody, published in the Official Gazette of Romania No. 144 of February 25, 2016 and repealed by Provision no. 31/2021 of the President of the Steering Committee of the Romanian College of Psychologists, published in the Official Gazette of Romania No. 1030 of October 28, 2021.
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