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Article 32 — Exercise of Parental Authority

  1. Both parents exercise parental authority jointly over their minor children, whether born during or outside of marriage, provided that parentage has been established in respect of each parent.
  2. Parental authority comprises:
    1. The duty and right of care, including the physical, emotional, and moral welfare of the child
    2. The duty and right to educate the child and to guide the child’s religious and cultural upbringing
    3. The duty and right to represent the child in all juridical acts, in accordance with Article 10
    4. The duty and right to administer the child’s property, subject to the restrictions set out in Article 10
    5. The duty to maintain the child, in accordance with Chapter 6.
  3. In all matters concerning the exercise of parental authority, the best interests of the child shall be the paramount consideration, in accordance with the Fundamental Laws.
  4. Where the parents are unable to agree on a matter of parental authority, either parent may apply to the Royal Chancellery for a determination. The Chancellery shall decide the matter having regard to the best interests of the child.
  5. Parental authority may be exercised by one parent alone where:
    1. The other parent is deceased, incapacitated, or absent
    2. The other parent’s parental authority has been suspended or terminated
    3. A determination of the Chancellery so provides.
  6. Parental authority is suspended or terminated by:
    1. The death of the parent
    2. A declaration of incapacity that renders the parent unable to exercise authority
    3. A determination of the Chancellery, upon application by the other parent, a guardian, or any person having a legitimate interest, on the ground of abuse, neglect, abandonment, or other grave fault that renders the continued exercise of authority contrary to the welfare of the child
    4. The adoption of the child by another person, in accordance with Article 31.
  7. This Article supplements the provisions on parental authority in Article 10. Where a provision of Article 10 addresses a matter more specifically, that provision prevails.

How to cite

CIVIL art. 32 — Article 32 — Exercise of Parental Authority, Legal Codes of the Principality of Kaharagia.