ro fr
universul juridic magazin
Revista Română de Drept Privat

The exercise of parental authority by a single parent

The civil Code introduced the concept of „parental authority”, seen as a set of rights and obligations that relate to the legal representation of the minor, his care, education and protection, his submittal to medical treatment, and management of his assets, as well. The rule is that these rights and obligations should be exercised jointly by both parents, no matter if the parents are married or not – and only exceptionally by one of them.\r\nThe civil Code did not indicate the situations in which the exception to the rule applies.This gap was resolved to some extent by the amendments brought to Law no. 272 of 2004 on the protection and promotion of the rights of the child, in the autumn of 2013, through the agency of Law no. 257/2013.\r\nAs we will see below, there are well-grounded reasons for the purposes of art. 398 para. (1) of the Civil Code, in order to justify the exercise of the parental authority by a single parent: alcoholism, drug addiction, a serious mental disorder, the violent behavior towards his wife and/or children, criminal record, serious conflict between parents – seen in the form of active behavior – and the lack of interest and involvement of the parent in the upbringing and education of the minor, leaving the common home, refusing to get in touch with the minor, to engage in his material or moral upbringing and education – seen in the form of passive behavior.