Law Review International Journal of Law and Jurisprudence Open Source Online Publication Edited by the Union of Jurists of Romania and Universul Juridic Publishing House e-ISSN 2246-9435
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BRIEF CONSIDERATIONS AS TO THE JOINT EXERCISE OF PARENTAL AUTHORITY AFTER DIVORCE

Silviu Gabriel BARBU

Vasile COMAN

Abstract: The purpose of this study is to determine whether changes in the legislation on the exercise of parental authority brought positive changes in the lives of children whose parents have divorced. The methods used, i.e. comparison and observation, support the scientific approach in order to draw conclusions on the achievement of the ultimate aim of both legislative changes and study, respectively ensuring the best interests of the child. The rule of joint exercise of parental authority for children after the parents' divorce was introduced in the Romanian legal system at the time of the entry into force of the new Civil Code, respectively in 2011, taking also into account the fact that this rule applies in many other states of the European Union. The best interests of the minor require maintaining the child in a balanced family environment, in the presence of both parents, since the risk of breaking the child's spiritual balance is very high along with his or her giving to one of the two parents. Unfortunately, in most cases where the divorce or separation of parents occurs, the access of the nonresident parent to his/her own child becomes difficult to achieve, in which case it is useful to organize a program of personal relations meant to ensure the continuity of the nonresident parent's presence in the child's life. At this moment it is required the experience of the judge, who, taking into account all the aspects specific to each case, to find the best solution for ensuring the respect of the best interests of the child. The exercise of child joint custody may be beneficial for the child, sometimes not, depending on the attitude of each parent, and the judge will have to choose the best solution for each child, each case being different from the other case. And the parents should be advised and trained by specialized personnel so as to take upon themselves learnedly the new situations that they will face during the joint exercise of parental authority, in order to achieve the best interest of the child.

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Volume XII, Issue 2, July - December 2022

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Summary

International Law

Quality of public expenditure and transdisciplinarity: Law, economics, psychology, politics and public management

Leonardo da Silva Guimarães Martins da Costa

The Debate in 21st Century Romania. Case Study – Bihor County

Claudia-Simona TIMOFTE

Constantin Ţoca

 

The influence of human rights on law

Access to the Archival Heritage as a Reflection of the Human Right to Culture. UNESCO’s Perspective

Codruţa-Elena Mihailovici

Cultural rights: new era, old principles, same challenges?

Andrei Nicolae

The role of conflict management in combating the social effects of the pandemic. Identification, neutralization, solution

Claudiu Florinel Augustin Ignat

 

European Union Law

Brief considerations on the rule of law from the perspective of EU member states

Paul Iulian Nedelcu

EU’s Long Arm of Sanctions – The Anti-Coercion Instrument

Mihai Ioachimescu-Voinea

The principle of solidarity - an instrument for managing migration and asylum at European Union Level

Ciprian-Constantin Mihai

 

UE Law and Comparative Law

The Costs of Digitalization. Social Media adaptation challenges within Public Administration Development

Andrei Alexandru Galan

Anca Elena Bălăşoiu

Summary Issues of Cybercrime

Mioara-Ketty Guiu

Personal Data Processing within a Smart Cemetery

Silviu-Dorin ŞCHIOPU

 

Environmental law

Some Legal Aspects of Shale Gas

Ovidiu-Horia Maican

International Governance of Climate Change. From the Framework Convention (1992) to COP-27 (2022)

Mircea M Duţu-Buzura