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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obligations are what constitute parental authority, which is acquired with the status of parent but which can also be withdrawn or delegated in certain situations.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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17/04/2020
COV­ID-19 and Ex­er­cise of par­ent­al re­sponsab­il­ity
The COV­ID-19 epi­dem­ic has led the Mone­g­asque au­thor­it­ies to take drastic health and leg­al meas­ures to slow down the spread of the dis­ease. All of these meas­ures have con­sequences for sep­ar­ated par­ents, and it is worth con­sid­er­ing the dif­fi­culties that thi
06/01/2020
Ad­op­tion of a child un­der a "ka­fala" ar­range­ment
Mone­g­asque case law re­cently found that, where a child with Mo­roc­can na­tion­al­ity had been taken in un­der ka­fala by a Franco-Mone­g­asque na­tion­al, and sub­sequently ac­quired French na­tion­al­ity, the ban on ad­op­tion res­ult­ing from the child’s per­son­al status u
06/01/2020
Act No 1.470 of 17 June 2019 on ad­op­tion
Stat­utory pro­vi­sions on ad­op­tion have been changed as a res­ult of the Mone­g­asque Gov­ern­ment passing Act No 1.470 of 17 June 2019. Find out more.
29 October 2018
Changes to main­ten­ance pay­ments for adult chil­dren
Main­ten­ance con­tri­bu­tions are de­signed to main­tain chil­dren and must be set at a level that re­flects both their re­quire­ments and the re­spect­ive re­sources of each par­ent.
06 March 2017
Au­thor­iz­a­tion to leave the coun­try
An au­thor­iz­a­tion to leave the coun­try signed by a per­son hav­ing par­ent­al au­thor­ity has been re­in­tro­duced in France for un­ac­com­pan­ied minor, by Art­icle 49 of Law n°2016-731 dated June 3rd, 2016, re­in­for­cing the fight against or­gan­ized crime, ter­ror­ism and
02 September 2016
The ex­clu­sion from the leg­al ad­min­is­tra­tion of as­sets be­queathed or gif­ted...
The ad­min­is­tra­tion of the minors’ as­sets is gen­er­ally en­trus­ted by law to the par­ents. This ad­min­is­tra­tion is known as the leg­al ad­min­is­tra­tion of the minor’s as­sets. There is how­ever an im­port­ant ex­cep­tion to this prin­ciple.
07 June 2016
The Hag­ue Con­ven­tion – Child Ab­duc­tion
Monaco has rat­i­fied and ac­ceded to The Hag­ue Con­ven­tion of Oc­to­ber 25th, 1980 on the civil as­pects of in­ter­na­tion­al Child Ab­duc­tion but also to The Hag­ue Con­ven­tion of Oc­to­ber 19th, 1996 on jur­is­dic­tion, ap­plic­able law, re­cog­ni­tion, en­force­ment and co-ope