Exercise of parental rights in respect of a child

Deciding who will exercise parental rights is a way of protecting the child’s interests in all respects. Article 59(4) of the Bulgarian Family Code identifies circumstances relevant to arrangements on divorce: parenting skills, moral character, the care given and attitudes towards the children, the parents’ wishes, the child’s attachment to each parent, the children’s sex and age, support from others, the social environment, and housing and living conditions. The child’s interests are decisive. As the Plenum of the Supreme Court explained in Decree No. 1/1974, children’s interests encompass their proper care and upbringing, the development of work habits and discipline, and preparation for socially useful work so that each child can become a well-rounded person and a good citizen. They also include material interests: housing and living conditions, management and preservation of the child’s property, representation and related matters. The decree expressly states that all these interests are to be considered together from the standpoint of the child’s overall development.

Contact arrangements must reflect the child’s interests. The court is not bound by the arrangements the parties request. The child should have the opportunity for the fullest possible contact with both parents even though they no longer care for the child together in one household. The parent who does not directly exercise parental rights has not been deprived of those rights. That parent, too, should be able to show affection and care for the child, particularly when seeking regular contact and information about the child.

The court emphasises to the parties that while someone may feel they have won a divorce case, the child always stands to lose. It is very much in the child’s interests that the parents find a way to talk to each other for the sake of a happy childhood that cannot be repeated. With that aim in mind, reaching an understanding is a duty rather than a matter of compromise. This is why parents may settle their arrangements by agreement even after the court has ruled on them.

This article is not a legal opinion or advice on a particular situation or person. The author makes no claim to cover divorce and the exercise of parental rights exhaustively. For legal assistance in a similar case, consult a civil lawyer specialising in family and inheritance law.