University:
University College London
Course:
LAWS0024 | Family Law
Academic year:

2024
Views:

238

Pages:

3
Author:

Nam B.

Specificity Of Limitations Of Parental Authority Presented by: Prof. Andrzejewski Date: 15 May 2022 Art. 48 sec. 2 of the Constitution of the RP - Limitation or deprivation of parental rights may be effected only in the instances specified by statute and only on the basis of a final court judgment. Interference - Is a court interference if the good of the child is endangered - Is not a form of repression towards parents - Is a decision made without any delay - Is an important aspect of the relationship between a family and a state. Controversial situations - Abuse of intoxicants - Poverty - Prevention or obstruction of contact of a child with the parent that they do not reside with - Refusal of permission to implement a medical procedure Forms of interference in parental authority Article 109 of the Family and Guardianship Code - § 2. The procuring court may in particular: • 1) to oblige parents ... to work with the family assistant,... to direct the minor to the daily support facility, • 2)... subject to the parents to the other restrictions to which the guardian is subject; • 3) submit to the exercise of the parental authority to the permanent supervision of the probation officer; • 4) direct a minor to an organization or institution set up for the preparation of a professional...child's part-care; • 5) to order the placement of a minor in the foster family, the child's family home or in an institutional replacement.... Procedural and organizational remarks - 1. „Tailor-made" approach - 2. „Both ways" - 3. Duty of the court to cooperate with local institutions i.e. • family assistant, a social worker, a community health service, educational institutions, a team of court specialists, non-governmental organizations and religious associations supporting families and children in their environment, a family curator, the police, foster and support families, foster care centers (educators and other staff), an organizer of family foster care, a local family assistance center, a social good center, a family foster care coordinator, or a prosecutor. Arguments for a family judge how to benefit from the institutions: - 1) They signal problems to the court. - 2) They can, and should, share their knowledge in the course of evidence proceedings. - 3) They carry out decisions, often being in a long- term relationship with the court (as a curator, family assistant, or family foster care coordinator). - 4) They are often in a long-term relationship with the court. - 5) They report to the court the state of affairs in the family receiving support, which has an impact on the content of court decisions. The judge must be - communicative - operative - a coordinator - and must have predispositions to carry out the responsible social function of a family judge.