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Parental authority and child-related issues

Monaco

Irrespective of an individual's family situation (married, separated or remarried), parental authority will always be of the utmost importance.

Parents have legal rights and obligations and also a moral duty to provide for their children. These rights and obligations are what constitute parental authority, which is acquired with the status of parent but which can also be withdrawn or delegated in certain situations. Given the rapid pace at which contemporary society is changing, parental authority has become a constantly evolving field.

In addition, as family relations become increasingly contractualised, some parents also choose to agree on their parental commitments and formalise this by contract. This is one of the many provisions of Law n°1.450 on joint physical custody passed in Monaco on 4 July 2017, which allows parents to ask Monaco's Guardianship Judge to ratify an agreement on how parental authority will be exercised in the best interests of the child.

Our team drafts these agreements and handles all parental authority matters with the utmost care, providing clients with the full force of its expertise to help them grasp the legal subtleties and assist clients appearing before the Judge. 

It is important to differentiate the principle of parental authority from the exercise of that authority, even if these two concepts are often confused. Because of its international clientele, Monaco has ratified many international conventions relating to children (Hague Convention on the Civil Aspects of International Child Abduction of 25 October 1980, Hague Convention of 19 October 1996 on Jurisdiction and Applicable Law in Respect of Parental Responsibility and Measures for the Protection of Children, Convention on the Rights of the Child adopted in New York on 26 January 1990 etc).

Our team is here to answer any questions stemming from the exercise of parental authority whenever foreign law is involved.

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