PARENTAL RESPONSIBILITY
Anna Horinova

© Anna Horinova, 2009

OVERVIEW

n PARENTAL RESPONSIBILITY – TERMINOLOGY, CONTENT

n LEGAL SOURCES

n EXECUTION OF PARENTAL RESPONSIBILITY

n SUSPENTION, RESTRICTION OF PARENTAL RESPONSIBILITY

n DEPRIVATION FROM PARENTAL RESPONSIBILITY

n OUTCOMES











TERMINOLOGY, CONTENT, EXTENT

HISTORY, CURRENT LEGISLATION

PARENTAL RESPONSIBILITY – TERMINOLOGY, CONTENT, EXTENT

    Ancient Rome – patria potestas – concept of an authority

    Currently – mostly changed in „responsibility“ (includes rights as well as duties)

   Czech Family Code 1963, § 31/1

    = body of rights and duties concerning:

§  care of a child including care of his/her health, psychical, emotional intellectual and moral
growth +

§  representation of a child +

§  management of a child´s property

  Parental responsibility belongs to both parents.

PARENTAL RESPONSIBILITY – TERMINOLOGY, CONTENT, EXTENT

n  care of a child

n Right to have a child by herself/himself

n Right to control child´s behavior

n Right to decide in the matters regarding a child on his/her behalf

n  representation of a child

n In the common matters

n In the matters exceeding scope of the common matters

n Conflict of interests

n  management of a child´s property

n While deciding extraordinary matters – court affirmation needed



PARENTAL RESPONSIBILITY – TERMINOLOGY, CONTENT, EXTENT

    Rights and duties excluded from the extent of parental responsibility:



n Maintenance

n Right to give name to a child

n Right to keep relations with a child (to meet him/her)

n Right to      give consent with adoption





LEGAL SOURCES

HISTORICAL CONSEQUENCES, INTERNATIONAL, NATIONAL SOURCES

INTERNATIONAL SOURCES

n  Czech Constitution - Art. 10 – international treaties have priority in application

n  Convention for the Protection of Human Rights and Fundamental Freedoms – art. 8 – Right to
respect for private and family life

n  Convention on the Rights of the Child – the civil, political, economic, social and cultural
rights

n  European Convention on the Adoption of the Children

n  Etc.





NATIONAL SOURCES, HISTORY

n  Human Rights and Fundamental Freedoms Charter (part of the Constitutional Order=body of
constitutional laws)

n  Family Code 1963 - §§ 31 - 40

n 1918 – 1950 – Family law was regulated within Civil Code

n 1950 – change of state ideology –specific regulation of intra-family relations

n  Social-Law Protection of Children Act 1999











EXECUTION OF PARENTAL RESPONSIBILITY

PARENTS-CHILD RELATIONSHIP, PARENT-PARENT RELATIONSHIP

GENERAL REMARKS

n  Execution of parental responsibility reflect complexity of this legal institute

n  Content changes according to the circumstances

n  Depends on age of a child, his/her needs and whether  parents live together

n  Res iudicata principle does not apply is these matters











PARENT – CHILD, PARENT – PARENT REL.

n  The best interest of a child is fundamental prism

n  Parents should protect the interests of a child, while controlling  him/her and his/her behavior
according to degree of a personal and intellectual development of a child

n  Parents mutual relationship depends on the fact whether  they live together and whether they are
able to reach an agreement on crucial questions regarding their child

n  In case they are not able to do so – commencement of court proceedings











PARENTS´MUTUAL RELATIONSHIP REGARDING PARENTAL RESPONSIBILITY

n  Whether a parent has parental responsibility does not depend on the fact he/she is divorced

n  Therefore divorce does not affect parental responsibility as such, it influences only execution
of rights and duties derived form it

n  If parents are married and wishing to divorce, they have either to agree on arrangement of
exercising parental responsibility after divorce or to commence court proceedings











SUSPENSION, RESTRICTION, DEPRIVATION

CONDITIONS, EFFECTS

RESTRICTION, SUSPENSION, DEPRIVATION

n  Restriction – parent does not execute his/her parental responsibility appropriately and
restriction corresponds with the best interest of a child

n  Suspension – there is an obstacle impeding execution of parental responsibility

n  Deprivation – when parent abuses or seriously neglects his/her rights and duties derived from
parental responsibility; it is the most severe intervention to parental responsibility











OUTCOMES

SUMMARY, CONCLUSIONS

OUTCOMES

n  Parental responsibility is legal binding between child and his/her parents – it consists of
rights on one hand and duties on the other

n  Child is a subject of parental responsibility not an object and should be treated while
considering his/her individuality and personality and his/her best interest









THANK YOU
 Anna Hořínová, horinova.anna@seznam.cz