Claims concerning minors
Claims concerning minors are the proceedings by which the rights and obligations of parents towards their minor children are established or amended, in accordance with the provisions of the Civil Code and of the Code of Civil Procedure. These proceedings may concern the exercise of parental authority, the establishment of the child's residence, contact arrangements with the child, child maintenance, the substitution of a parent's consent and other measures concerning the care and protection of the child's rights.
Depending on the specific situation, the legal services may include assistance and representation in proceedings concerning minors, the drafting of statements of claim, statements of defence, appeals and other procedural documents required to protect the rights and interests of the parents and of the minor children.
The resolution of claims concerning minors takes into account the particular features of each family and is carried out with observance of the principle of the best interests of the child. Depending on the circumstances of each case, the child's relationship with each parent, the conditions for upbringing and development, the financial means of the parents and the other elements relevant to resolving the case may be analysed.
Measures concerning minors are not always final. Where, after the court judgment is delivered, significant changes occur in the circumstances taken into account by the court, an application may be made, under the conditions provided for by law, to amend the child's residence, the contact arrangements, the child maintenance, the manner of exercising parental authority or other measures concerning the child.
Experience gained in handling proceedings concerning minors shows that each case involves legal and personal particularities that call for careful analysis and a tailored strategy. Managing the documentation and the procedural steps allows the procedure to be conducted within a clear legal framework and contributes to protecting the rights and interests of the child and the parents.
Frequently asked questions
How is the child's residence established?
The child's residence is established according to the best interests of the child, taking into account all the relevant circumstances of the case and the applicable legal provisions. The court analyses, among other things, the child's relationship with each parent, the conditions offered for the child's upbringing and development and the other elements relevant to resolving the case.
How are contact arrangements with the child established?
Contact arrangements with the child are established according to the best interests of the child and the particular features of each case. The court may set the manner in which contact is to take place so as to maintain the child's relationship with both parents.
How is child maintenance established?
Child maintenance is established under the conditions provided for by the Civil Code, in relation to the needs of the child and the financial means of the parent liable to pay maintenance. Its amount differs according to the particular features of each case and the applicable legal provisions.
Can the measures concerning the child be amended after the judgment is delivered?
Yes. Where there are significant changes in the circumstances taken into account when the judgment was delivered, an application may be made, under the conditions provided for by law, to amend the child's residence, the contact arrangements, the child maintenance, the manner of exercising parental authority or other measures concerning the child.
What is parental authority?
Parental authority is the set of rights and obligations that parents have in respect of the person and the assets of the minor child. The exercise of parental authority is established in accordance with the provisions of the Civil Code and with observance of the best interests of the child.
What is the substitution of a parent's consent?
The substitution of a parent's consent is the procedure by which the court may replace the consent of one of the parents where that parent unjustifiably refuses to give it and that consent is necessary in order to take a decision concerning the child. The application may be made only under the conditions provided for by law and if the requested measure is in the best interests of the child.
In what situations can the substitution of a parent's consent be requested?
The substitution of a parent's consent may be requested where one of the parents unjustifiably refuses to give their consent to an act concerning the child and that consent is required by law. Each situation is analysed in relation to the specific circumstances of the case and the best interests of the child.
Can the court amend the contact arrangements with the child?
Yes. Contact arrangements may be amended if there are relevant changes in the situation of the child or the parents and the conditions provided for by law are met. The court will analyse whether the requested amendment corresponds to the best interests of the child.
Can child maintenance be amended?
Yes. Under the conditions provided for by law, child maintenance may be increased, reduced or terminated where there are changes concerning the child's needs or the financial means of the parent liable to pay.
How long do proceedings concerning minors take?
The duration of proceedings concerning minors depends on the subject matter of the claim, the complexity of the case, the evidence to be adduced and the time limits set by the competent court. Each case is resolved according to its particular features and the applicable legal provisions.
Can the child's residence be changed without the other parent's consent?
Changing the child's residence is carried out in compliance with the applicable legal provisions. In situations where the consent of both parents is required and it is unjustifiably refused, the substitution of consent may be requested from the court, if the conditions provided for by law are met and the measure corresponds to the best interests of the child.
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