Caring for a child is the responsibility of every parent. However, its actual exercise is much easier when parents live together and perform their duties together. It looks different when looking after offspring when the child, because of the divorce of the mother and dad lives only with one of them. The situation is additionally complicated when one of the parents resides permanently in another country. Of course, in the first place they can determine all the issues regarding care. If, however, they do not come to an agreement, then what rights and parental responsibilities will rest upon them will depend, in particular, on which legal system the legal relationship is subjected to.
Parental authority and the child’s place of residence
Many people remain in the mistaken belief that only the parent with whom the offspring lives is responsible for the parental responsibility over the child. Meanwhile, the issue is much more complicated and depends on the court’s decision. For example, he can designate a minor’s place of residence together with his mother, and at the same time grant parental authority to his father. It should be remembered that the concept of this power is not only to provide the offspring with a roof over their heads. It has a much wider scope and includes, for example, decision-making about education and issues related to the way of raising a child.
Separation of parents and child care – what should be determined?
As it was mentioned at the outset, the way in which the care of the offspring will be exercised, in the first place can be determined by the parents themselves. In particular, they should decide on the child’s place of residence, the school they will attend, and even the place where they will spend their holidays. If parents are in agreement, these issues should not be a problem for them. However, if they can not communicate, the case will be settled by the court. Which authority will be competent to hear this case will result from the applicable EU law (if the mother and father reside within the European Union).
When to a lawyer?
Family matters, especially those concerning children, are among the most sensitive of all pending before the courts. When we have to deal with the cross-border factor (when one of the parents lives abroad), the complexity of this matter increases. For these reasons, it is always worth considering the issue of professional legal assistance from the very beginning. Many chancelleries are ready to handle these types of cases, and often direct their offers to people coming from another country. The use of such support may prove useful especially when the proceedings take place in the territory of the Republic of Poland and we ourselves are abroad. In many cases, it is thanks to an experienced lawyer that all formalities are faster and the proceedings are not so burdensome for the parties. For this reason, it is worth using the help of a lawyer from the very beginning.