- Parental authority by law vests in both parents
- parents exercise parental authority until the child reaches the age of majority
- in the absence of agreement between the parents on the child's affairs, the decision may be made by the guardianship court
- if the child's parents live separately, the court will leave parental authority to both of them, only if they present a consensual agreement on how to exercise it
Parental authority, as defined in the Family and Guardianship Code, is, in particular the duty and right of parents to exercise custody over the child's person and property, and to raise the child, with respect for the child's dignity and rights. It should be exercised as the child's welfare and the public interest require. By law, parental authority is vested in both parents, however, for the sake of the child's welfare, the court may decide to suspend, limit or deprive it, with respect to one or both parents. The child remains under parental authority until the child reaches the age of majority.
If parental authority is vested in both parents, the power and, at the same time, the duty to exercise it rests with each of them, although the most important matters concerning the child should be decided jointly. If there is no agreement between the parents, the guardianship court may make the decision.
In a situation where the parents of a child are living apart, and at the same time both of them have parental authority, the court may, taking into account the welfare of the child, determine the manner of exercising parental authority, as well as the manner of maintaining contact with the child. The court will leave parental authority to both parents only if they present an agreement, consistent with the welfare of the child, on how to exercise it and maintain contact with the child. It is also a rule that siblings should grow up together.
When there is no agreement, then the court, guided by the child's right to be raised by both parents, will decide how to jointly exercise parental authority and maintain contact with the child. In such situations, the court most often entrusts the exercise of parental authority to one of the parents (the one with whom the child resides on a daily basis), limiting the authority of the other to certain duties and powers in relation to the person of the child, if this is not contrary to the welfare of the minor.
In special cases, i.e. if the parents abuse parental authority or grossly neglect their duties to the child, the court may deprive them of parental authority. This will also occur if parental authority cannot be exercised due to a permanent obstacle (e.g., a parent's stay in a penal institution, long-term serious illness, departure abroad with the intention of settling there permanently). It is worth noting, however, that if the reason underlying the deprivation of parental authority ceases, the court may restore parental authority.
The application for the termination or restoration of parental authority is considered by the guardianship court. If the issue of parental authority was decided, for example, in the course of a divorce case, and since then new circumstances have arisen that make the adopted decision contrary to the child's welfare, it may also be changed. In this situation, too, the competent court will be the guardianship court, i.e. the competent division of the district court of the child's place of residence, despite the fact that divorce cases are decided by district courts, i.e. courts of a higher order.
