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Parental authority and child protection

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Regardless 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obligations are what constitute parental authority, which is acquired with the status of parent but which can also be withdrawn or delegated in certain situations. Following the constant and fast development of the contemporary society, parental authority has become a constantly evolving field. It is also important to differentiate the principle of parental authority from the exercise of that authority, even if these two concepts are often confused.

We advise our clients on the following issues:

  • The attribution of parental authority (devolvement and exercise)
  • Attributes of parental authority over the child's person and property
  • Disputes before the guardianship judge
  • Educational assistance measures
  • Parenting agreements / parenting plans
  • Enduring power of attorney for the future protection of parents for their minor child
  • Implementation of international agreements relating to children (children's rights, unlawful removal, protection of children, etc.)

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 any foreign law is involved.


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