Lecture 4-PARENT-CHILD RELATIONSHIPS: CUSTODY AND PARENTAL RESPONSIBILITY. ADOPTION.

Question 1

What does the person with Parental responsibility do?

Answer 1

• Takes the important decisions for child, such as where the child lives and which school they attend.
• Is a legal representative
• Is liable for the child’s actions up to specific age.
• Manages the child’s funds and goods, with the exception of pocket money and wages.

Question 2

What is the difference between holding and exercising Parental Responsibility?

Answer 2

Holding parental responsibility: Having the legal status and rights concerning a child.
Exercising parental responsibility: actively using those rights to make decisions and care for the child in practice.

Question 3

How is parental responsibility attributed?

Answer 3

• Parental responsibility is generally attributed jointly to both parents (legal parents)
• PR can be joint and sole
• sole-only on parent has PR.

Question 4

What are the 2 classes of grounds for the termination of PR

Answer 4

From the perspective of the holder of PR- death of parent, authorities decision, adoption
From child’s perspective- child reaches majority, marries, dies

Question 5

When can PR be discharged?

Answer 5

If parent exercises PR in such a way that it detrimental to the child’s person. Done only if it is better for the CHILD.
reasons- abuse, neglect, behavior that brings harm or risk.

• PR can be restored later on.

Question 6

Who has to consent to adoption?

Answer 6

• Mother and Father (or other person if they are not able)
• The child considered by law as having sufficient understanding (max 14 years)
• partner of adopter.