The alternative residence of minors with separated parents

Diana Flavia Barbur ()
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Diana Flavia Barbur: lawyer at the law firm „Budusan and Associates”, Cluj-Napoca

Juridical Tribune - Review of Comparative and International Law, 2015, vol. 5, issue 1, 140-149

Abstract: The present article proposes to analyze the modality in which the alternative residence is established within the legislation of several states, as well as the modality in which the courts apply the notion of alternative residence. In addition to this, we took into consideration the views expressed by psychologists regarding this matter. In the latter part of the article we analyzed the regulations regarding the residence of minors whose parents are separated in domestic law and we submitted our conclusions regarding the advantages and the disadvantages of an alternative residence. In order to obtain the necessary information, we studied the legislation from different countries, the principles of the European Commission on Family Law, articles on this subject and case law, as well as studies conducted in several states. We were therefore able to observe that in some states, the alternative residence is explicitly provisioned by law, while in other states, even though the notion is not explicitly provisioned, the courts managed to find ways in which, through the judgments rendered, to establish it by way of fact. The study is relevant to our legal system as domestic legislation does not specifies alternative residence, but nevertheless, in practice, such an arrangement could answer best the superior interest of the child.

Keywords: alternative residence; alternative home; equal share of parental obligations; equal time spent with both parents; shared parental responsibility. (search for similar items in EconPapers)
JEL-codes: K36 (search for similar items in EconPapers)
Date: 2015
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Persistent link: https://EconPapers.repec.org/RePEc:asr:journl:v:5:y:2015:i:1:p:140-149

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