A case for divorce or separation is a good opportunity to regulate in detail the issues of parental responsibility. This will avoid possible problems in the future. The court’s duty is to decide on the question of parental authority. You can also demand the establishment of access (contact) rights.
The court may take into account the spouses’ agreement on how to exercise parental responsibility and maintain contact with the child after the divorce. As a rule, it is assumed that siblings should be brought up together, unless the good of the child requires a different solution.
Parental authority
The court may make the following decisions:
- leave parental responsibility to both parents, upon their joint application, if they have made an agreement on how to exercise parental responsibility and maintain contact with the child after divorce, and it is reasonable to expect that they will cooperate in matters concerning the child;
- entrust the exercise of power to one of the parents, limiting the second parent’s power to specific duties and rights in relation to the child’s person;
- limit parental authority (e.g. the court may oblige the parents and the minor to a particular course of action, with an indication of the manner of controlling the implementation of the orders issued, determine what actions the parents may not perform without court authorization, subject the parents to other restrictions applicable to a guardian, place the exercise of parental authority under the constant supervision of a probation officer, direct the minor to an institution for vocational preparation or another institution exercising partial care, or order placement of the minor in a foster family or care and educational institution);
- suspend the exercise of parental authority (in the event of a temporary impediment to its exercise);
- deprive one or both parents of parental authority (if it cannot be exercised because of a permanent obstacle, or if the parents abuse parental authority or grossly neglect their duties towards the child).
Contacts with a child
In a judgment terminating a case of separation or divorce, the court may establish the rules of contact with the child. In practice, for example, specific hours and days of meetings are determined, as well as the way holidays are spent.