Best Child Care Arrangements After Separation of Parents-Reference-Cited by-同舟云学术

Best Child Care Arrangements After Separation of Parents

Published:2024-04-18 Issue: Volume: Page:255-280
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Container-title:Protecting Children's Rights in Civil, Criminal and International Law – under a Touch of Digitalization
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Author:

Kukovec Urška

Abstract

The child's right to contact is a strictly personal, non-inheritable, and non-transferable right that is tied to the child's closest family relationship. No one can be forced to carry out contact if they do not want to. Parents have the right and responsibility to maintain, educate, and raise their children. This right may be taken away or limited from the parents only for reasons established by law to protect the child's interests. The performance of parental duties must therefore be in the child´s best interests. Where it is not in the best interests of a child to maintain unsupervised contact with one of their parents the child does not live with, the possibility of supervised personal contact or other forms of contact with this parent shall be considered. Joint parenting is possible only in cases where both parents are unencumbered by their past parental relationship and are able to agree.

Publisher

University of Maribor Press

Reference33 articles.

1. Barbara Mercredi v Richard Chaffe, case no. C-497/10, 22 December 2010.

2. Convention on contact concerning children of The Council of Europe, Strasbourg [2003], retrieved from: https://rm.coe.int/convention-on-contact-concerning-children/1680a40f71 (29 January 2024).

3. Convention on the rights of the Child, adopted by the General Assembly resolution 44/25, Uradni list SFRJ - Mednarodne pogodbe, no. 15/90, Akt o notifikaciji nasledstva glede konvencij Organizacije združenih narodov in konvencij, sprejetih v mednarodni agenciji za atomsko energijo objavljen v Uradnem listu RS - Mednarodne pogodbe, no. 9/92.

4. Council Regulation (EU) 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction (recast).

5. Council Regulation (EU) 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction (recast).