Parents may exercise parental rights over a child jointly, or in certain cases, individually. Separate exertion of parental rights means that only one parent has the right to exercise parental rights over the child.
Joint exertion of parental rights
Parents have joint exertion of parental rights over a child as long as they have not agreed upon separate exertion of parental rights, or it has not been established by a court.
Decision-making about issues concerning the child and the implementation of these decisions is, therefore, shared between both parents. This means that the other parent’s consent for decisions regarding significant matters in the child’s life must be obtained.
example Both parents must mutually agree on the child’s place of residence.
Separate exertion of parental rights
The parents may agree upon one parent’s separate exertion of parental rights over a child. Where the parents cannot reach mutual agreement on custody, this may also be established by a court. Separate exertion of parental rights is also exercised by one parent where the other parent’s rights have been withdrawn.
example If a child is living abroad with one parent, and the distance and limited communication between the parents complicates the joint exercise of parental rights, the parents may agree upon, or request the court to determine, the child’s place of residence with only one parents separately.
important Separate exertion of parental rights does not, however, mean, that the other parent is deprived of all aspects of parental rights over his/her child. To a limited extent, he/she may still exercise parental authority, and is obliged to support the child financially.
Disagreements & the Principle of the best interests of a child
Disagreements between parents on parental rights may be settled by the guardianship authority and/or the Court. Separate parental rights may be established, and other issues relating to parental rights may also be decided by the court of general jurisdiction (civil court).
important All parental rights disputes must be decided, taking into account the best interests of the child.