Parental rights after divorce and placement of a child with grandparents

Parental rights after divorce and placement of a child with grandparents, relatives or people close to the parents

When granting a divorce, whether by mutual consent or in contested proceedings, the court rules on contact between the former spouses and their minor children born of the marriage. Sometimes the parents cannot reach agreement, or circumstances prevent a child from living in suitable conditions with either parent. In such cases the provision discussed in the original article, Article 59(7) of the Family Code, allows the court to order that the children live with grandparents who have suitable conditions, personal qualities and capacity to care for them, or with the family of other relatives or people close to the parents, with their consent. At the same time, the court sets arrangements for parental contact: how often during the week, month and year, including school holidays, the parents may see the child or children independently. The child’s best interests guide the court. Paragraph 1, point 5, of the Supplementary Provisions of the Child Protection Act defines the term as follows:

5. (New, State Gazette No. 14 of 2009.) Assessing the “best interests of the child” means considering:

(a) the child’s wishes and feelings;

(b) the child’s physical, mental and emotional needs;

(c) the child’s age, sex, background and other characteristics;

(d) any danger or harm the child has suffered or is likely to suffer;

(e) the parents’ ability to care for the child;

(f) the consequences for the child of a change in circumstances;

(g) other circumstances relevant to the child.

The court takes this measure and orders the child to live with grandparents, other relatives or people close to the parents where the child’s health is at risk, protective action is needed and all other possibilities for reaching an understanding between the parents have been exhausted.

If a dispute arises over contact arrangements during divorce, seek advice from a family lawyer who can help you address the dispute and avoid the need for the measures described above.