Parents Conflict - Well Founded Reason for Splitting the Parental Authority Exercise on Behalf of the Upper Interest of the Minor

摘要

The new Civil Code has established the principle of commune parental authority to allow the parent to remain, despite their separation, connected in an active and efficient manner to all important decisions regarding the health, education, formation and to the recreation of their commune children, and which constitutes therefore an accomplished goal.In most of the cases, the divorce brings with itself unfinished disputes, anger with no limits and certain victims - the minors. We consider that the guardianship courts have received from the legislator, in 2009, also the competence to protect these minors, granting at least temporary parental authority exercise in exclusivity to the parent concerned with the minor's interest, health and his psychic development.The courage in taking such measure - sanctioning the recalcitrant parent and which aims to use a minor as an emotional blackmail instrument, should come also from the fact that in this matter, the court decisions enjoy only of working authority relatively judged, so that over some initial measure, remained irrevocable, to can return on judicial way, or it will, at least, be discussed on its background - if it is invoked and is proved the change of the initial circumstances had in view, this being the essence of art. 403 C.civ.