European Principles of Family Law on Parental Responsibilities

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Principle 3:5 Non-discrimination of the child / parents
Children should not be discriminated on grounds such as sex, race, colour, language, religion, political or other opinion, national, ethnic or social origin, sexual orientation, disability, property, birth or other status, irrespective of whether these grounds refer to the child or to the holders of parental responsibilities.

Principle 3:8 Parents
Parents, whose legal parentage has been established, should have parental responsibilities for the child.

Principle 3:10 Effect of dissolution and separation
Parental responsibilities should neither be affected by the dissolution or annulment of the marriage or other formal relationship nor by the legal or factual separation between the parents.

Principle 3:11 Joint exercise
Parents having parental responsibilities should have an equal right and duty to exercise such responsibilities and whenever possible they should exercise them jointly.
Principle 3:20 Residence
(1) If parental responsibilities are exercised jointly the holders of parental responsibilities who are living apart should agree upon with whom the child resides.
(2) The child may reside on an alternate basis with the holders of parental responsibilitiesThe competent authority should take into consideration factors such as:
(a)  the age and opinion of the child;
(b)  the ability and willingness of the holders of parental responsibilities to cooperate with each other in matters concerning the child, as well as their personal situation;
(c)  the distance between the residences of  the holders of the parental  responsibilities and to the child’s school.




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