PARENTAL AUTHORITY VERSUS COMMON CUSTODY

• Main Author: Anca Magda VOICULESCU
• Format: Article
• Language: English
• Published: Nicolae Titulescu University Publishing House 2018-05-01
• Series: Challenges of the Knowledge Society
• Subjects: parental authority; custody; domicile of the child; rights of access; best interests of the child
• Online Access: http://cks.univnt.ro/uploads/cks_2018_articles/index.php?dir=2_private_law%2F&download=CKS_2018_private_law_030.pdf
• ISSN: 2068-7796; 2068-7796

The notion of parental authority introduced to Romanian legislation by the New Romanian Civil Code is totally distinct from the notion of custody specific to other domestic legislations both in theory, as in practical consequences implied. The purpose of the article is to make a comparative presentation of the two different notions mentioned above, as they are (still) constantly confused, even though a significant period of time has elapsed since the New Romanian Civil Code entered into force. Confusion comes mainly from the fact that Romanian Civil Code was inspired from Quebec Civil Code, where the legislation formally refers to the notion of parental authority, but in substance this notion presents nevertheless the caharacteristics of the concept of custody. Therefore, the objectives of the present study are to identify the content and forms regulated in legislation for each of the notions, by studying legal provisions relevant for parental authority in Romanian legislation, respectively custody in national legislations of other states. As a result, the main theoretical resemblances and differences between the two concepts will be decelated. Furthermore, the study will identify the practical consequences generated by their common points (important decisions are to be taken by agreement of both parents, whereas routine decisions can be made individually) and main differences (domicile of the child/alternate domicile and rights of access).