Exercise of parental authority

Legal assistance in cases concerning the exercise of parental responsibility

Parental responsibility comprises parents’ rights and duties concerning their child and the child’s property. The rule after divorce is joint exercise, while sole exercise may be ordered for justified reasons in the child’s interests. Article 36(7) of Law No. 272/2004 includes, in addition to violence and addictions, serious or repeated infringement of the other parent’s authority, parental alienation and an objective inability to cooperate on decisions concerning the child, subject to the law. For a child born outside marriage, Article 505 of the Civil Code distinguishes between cases where parentage is established in relation to both parents and they live together, and those where they do not live together, when the court determines the manner of exercise. A lawyer helps clarify responsibilities and prepare evidence concerning schooling, health and family-life decisions.

Parenting agreements, guardianship court decisions and defence strategies

The starting point in managing custody issues is an attempt to reach consensus that primarily serves the child’s best interests. Where communication between parents is functional, the legal strategy focuses on drafting an agreed parenting plan formalised by a court judgment that provides long-term stability. Where there are major differences or an application for deprivation of parental rights or sole exercise of parental responsibility, the defence focuses on proving justified grounds through documents, psychological expert reports and relevant witness evidence. The legal approach seeks to demonstrate parenting abilities, rebut the other party’s unfounded allegations and effectively safeguard the parent’s right to participate actively in raising and educating their child.

Legal assistance and representation in Romania

Disagreements over decisions affecting children’s futures can create significant tensions between parents and needlessly complicate proceedings. The Basuc Cosmin Law Office provides advice, document drafting and dedicated legal representation in all types of disputes concerning parental responsibility. We assist in direct negotiations and preparing evidence for court, and represent you professionally before competent district courts and the competent tribunals, seeking a balanced outcome that protects the bond between you and your child.