The prospect of a limitation or deprivation of parental authority is frightening for many, which is why, during legal proceedings, these people usually fight hard to maintain full parental authority over their child. Unfortunately, however, the party often lacks meaningful arguments in this regard, as well as knowledge of what the limitation or deprivation of parental authority is actually related to.
Parental responsibility, what is it?
So let’s start with what is parental authority?
Parental authority it is an obligation, but also the right of the parents to take care of the person and property of the child and to bring him up, with respect for his dignity and his rights (this is provided for in article 95 § 1 of the code of conduct)
Parental responsibility must be exercised in accordance with the best interests of the child and the social interest. Parents raise and direct them. They are required to watch over the physical and spiritual development of the child and to prepare him properly to work for the good of society according to his talents. Persons exercising parental authority cannot use corporal punishment against a child – this is not only a moral prohibition, but it is simply prohibited by law. The child’s parents also have a legal obligation to be diligent in managing their property.
Unless a court order provides otherwise, both parents exercise full parental responsibility. Each of them is the legal representative of the child independently of the other. The parents decide together on its essential questions, while in case of disagreement between them, the guardianship court decides.
It should be remembered that neither the limitation nor the forfeiture of parental authority affects the maintenance obligation of the parent towards the child, his right of contact with the child and his succession. Indeed, the limitation and forfeiture of parental authority do not apply to the areas mentioned. The limitation of parental authority only enters into the domain of the parent’s decision-making in the areas of his child’s life, and depriving the parental authority of this decision-making power deprives it completely.
When can parental responsibility be limited?
The limitation of parental responsibility for the benefit of the child due to the separation of the parents must be distinguished from the restriction of this authority by the parent, when the well-being of the child is threatened.
In the first case, the court may leave full parental responsibility to both parents if they submit a written agreement in accordance with the child’s best interests on how to exercise parental responsibility and maintain contact with the child. ‘child. In the absence of such an agreement, the court may entrust the exercise of parental responsibility to one of the parents, limiting the parental authority of the other to specific obligations and rights with regard to the child (if the best interest of the child justifies this). This may result in granting the parent, limited in his authority, the sole right of co-decision with the other parent on important matters concerning the child, for example health or education.
If, on the other hand, the well-being of the child is threatened and, for this reason, parental authority must be limited, this may lead the court to make appropriate orders, more broadly mentioned in art. 109 kro The limitation of parental authority can then consist, among other things, in forcing the parents to take specific steps, to work with a family assistant, to direct the parents to an institution or a specialist dealing with family therapy, to determine which activities cannot be exercised by the parents without the agreement of the court, or submit the exercise of parental authority to the constant supervision of a probation officer.
The most common reasons for limiting parental authority include lack of interest in the child’s affairs and lack of good communication between the child’s parents, which makes it impossible to properly care for the child. child. It often happens that one of the parents completely blocks the decisions of the other parent, which is often done to the detriment of the children. Therefore, the limitation of parental responsibility is necessary in such situations.
When can parental authority be withdrawn?
There are three distinct grounds for deprivation of parental responsibility (art. 111 of the Code of Criminal Procedure):
- abuse of parental authority;
- gross neglect of duties by a parent;
- there is a permanent obstacle to its execution.
When it is a permanent obstacle to the exercise of power, it can be, for example, the state of health of the parent or his stay in prison. It can also happen that a parent disappears, which is why in such situations the law allows parental authority to be withdrawn (or possibly suspended). With regard to the other preconditions raised, power can be deprived of power if the parent exercises it inappropriately, for example if he abuses the child, drinks him, forces him to work, neglects him, and also when the parent does not maintain contact with the child. and don’t care about him.
A parent who intends to limit parental authority (or to deprive it of it) must look objectively at his behavior towards the child. It is sometimes preferable, for the good of the child, to give full powers to only one of the parents. Often, the limitation of parental authority is mistakenly associated with the limitation of a parent in terms of contact with the child. Contacts and the exercise of power are completely separate issues to be kept in mind.
Attorney for Pamela Opoczka
You can read more about it in our post
Donations, wills, estates. Correct records. Sample models