PROTECTION ORDER VERSUS (?) PARENTAL AUTHORITY

PROTECTION ORDER VERSUS (?) PARENTAL AUTHORITY

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Parental authority includes in its scope important decisions related to minors, as identified by Article 36 of Law no.272/2004 (form of education and professional training, complex medical treatments and surgery, residence of the child or administration of property), which are by consequence to be taken only by agreement of both parents.It is an institution which is genuinely based on collaboration of parents.Apparently cowhide beanie a totally distinct institution, protection order is provided for by Law no.

217/2003 as a legal instrument to ensure the protection of victims against domestic violence.It is often used by one parent against the other, in the larger context of juridical disputes generated by divorce, and implies categorical opposition.Although the two legal institutions are distinguished and the premises on which they act are indeed different, case-law has revealed the existence of significant interferences, which exceed simple terminological differences and arise problematic issues both in substance, as in procedure.The purpose of this article is to examine these interconnections from a double perspective, both theoretical and practical, starting from a natural question: does the existence of a protection order interfere (and in the affirmative, to what extent) with the exercise of parental authority? sten jacket m Therefore, the objectives of this study are to examine relevant procedural and substantial matters as they derive from the experience so far and propose solutions, in an attempt to demonstrate that these two institutions may function together.