Parental Authority

As long as a child is minor, a child is subject to parental authority that as a rule is vested in both parents. The parental authority includes a child guardianship, a child’s assets guardianship, a child representation.

The parental authority should pursue a child’s  well-being and social interest. If the parental authority is vested in both parents, they are jointly obligated and entitled to exercise parental authority. That means that decisions regarding a child, especially those referring to essential matters of a child, should be agreed upon jointly by both parents.

The role of the court of guardianship

If the parents are incapable of reaching an agreement, the court of guardianship shall decide upon the essential matters of a child. The family court may decide on deprivation of parental authority when:

• Parental authority cannot be exercised due to permanent impediment
• Parents abuse parental authority
• Parents prove gross negligence of their obligations in respect of their child and permanently lack any interest in their child.

Furthermore, the family court may constrain parental authority as well as suspend parental authority in the case of transitional impediment or hazards to a child’s well-being.