International Family Law - Parental authority/responsibility

Questão	Responda
Parental Responsibility	Same with parental authority
Legal parentage	Rights related to nationality and name of the child. Obligations to maintenance of the child.
Parental Responsibility	- Right to choose school, religion - Discipline Obligation to take care of the child.
England	Before parental power - After parental responsibility
The Netherlands	Preference to parental authority and not to parental responsibility
Enlgand and Wales Parental Responsibility - Definition	Section 3(1), Children Act 1989 “Parental responsibility” means all the rights, duties, powers, responsibility and authority which by law a parent of a child has in relation to the child and his property.”
Parental Responsibility	- Automatic or determined act to acquire - Married couples - Unmarried couples - Non-parents
England and Wales	Married couples - automatic Unmarried - only mother has automatic PR Non-parents - do not acquire automatic PR.
England and Wales Non-automatic acquisition	-Unmarried father can acquire if - gets married with the mother - becomes guardian of the child - agreement for PR with the mother - obtaining PR order - Registering as father on the birth certificate - Obtaining residence order.
England and Wales Parental responsibility agreement	- Only if in the prescribed form and recorded in the prescribed manner. These are set out in the Parental Responsibility Agreement Regulations 1991
England and Wales Parental responsibility agreement	- Child does not have to be present or habitually resident - Balance achieved between pressure exerted on mothers/formal procedure - No test of whether in the child’s best interests
England and Wales Parental responsibility order	The court may upon the application of an unmarried father order that he have PR over a child. Paternity will have to be proved if in doubt or disputed. Deciding in accordance with best interest of the child principle.
The followings factors will be taken into account:	- The degree of commitment which the father has shown towards the child - The degree of attachment which exists between father and child
The factors that will be taken into account:	- The reasons for the father applying for the order
Examples of when rejected:	- Father treated mother with hatred and violence - Inappropriate motives to undermine mother’s care
The followings factors will be taken into account:	- Even if satisfied, the court still has a duty to apply the paramountcy test in s.1(1)
Those people who are not even legal parents of the child may apply for PR:	- They have the office of guardian - In possession of a residence order - In possession of an emergency protection order - Local authorities (care order)
Child Abduction governed by	Hague Abduction Convention 1980 Brussels II-bis Regulation European Convention on Human Rights Charter on Fundamental Rights of the EU
ECtHR Schneider v. Germany Facts	- Applicant had a relationship with a married woman - Claimed to be the biological father of her son. Acknowledged paternity of the child to be born before Youth Office - Legal father was the mother's husband - German Courts refused to allow the applicant's contact with his son
ECtHR Schneider v. Germany COURT	- German Court claimed that there was not family life since the applicant had never a close personal contact with his son. - ECtHR - violation of family life even if short family life - could impair child's identity
ECtHR Schneider v. Germany COURT	- German Court decided based on the best interests of the married couple and the child. - ECtHR: German Courts failed to keep a fair balance between the interests at stake.
Parental Responsibilities	- Rights, duties, authority, powers and responsibilities - upbringing, education and property - Representing the child legally. - Principle of the child’s best interests
Parental Responsibilities	- All children are subject to the authority of their parents until the child is 18 - Issues of access/visitation and custody interact and overlap, and represent all of the aspects of care and control
Custody rights	Rights and responsibilities related to the child’s well-being, education and development. - These rights include whether the child should live and education.
Contact/Access/Visitation rights:	- Whether the other parent/social parent/close relatives had the right to visit the children. - After ratification of CRC ''access'' replaced by ''contact''
Access/contact/visitation	Child's right to keep personal contact with the other parent
Access/contact/visitation Who acquires?	- Legal parents - Other close personal relationships such as social parents, grandparents and child.
Access/Contact/Visitation The Court - Other personal relationships	- Best interest of the child - visiting rights not interpreted in a restrictive way when proved beneficial for the child. - Emotional and social role they played in the child's life in order to recognize such a wide-reaching relationship - Specific circumstances of the case
Custody and Visiting Rights	- Laws are different in each system General Principle: a) Joint custody b) Sole custody - the other parent has the right to visit the child at certain times.
Custody and Visiting Rights Determination by:	a) Mutual agreement - must legally approved b) Judicial determination: best interest of the child
Custody and Visiting Rights Determination:	- If more than one countries the courts are competent to rule on parental responsibility in the Member State where the child is habitually resident - All EU Countries recognize the right of the child to have personal relationships, even if one parent lives in another country.
The Netherlands: Shared Parenting and Responsible Divorce and Separation Act 2009 - Parenting Plan	- People divorcing have the obligation to make agreements about the care of the minor child.
The Netherlands: Shared Parenting and Responsible Divorce and Separation Act 2009 - Parenting Plan must include:	- The division of care responsibilities - Child maintenance payments - The exchange of information concerning their children’s property - The parenting plan must be submitted together with a petition for divorce
The Netherlands: Shared Parenting and Responsible Divorce and Separation Act 2009 - Parenting Plan must include:	- Parents can call a mediator to help them draw the plan up. - The underlying principle is that parents will continue to share parental authority over their children .

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International Family Law - Parental authority/responsibility

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	Criado por Tatiana Nikolaid aproximadamente 10 anos atrás