Non-patrimonial Effects of Divorce Relating to Relationships Between Parents and Their Minor Children
Year: 2025
Type: article
Abstract: Divorce is one of the most complex legal institutions in family law, in terms of the ways in which it can be achieved, but also in terms of the implications for the relationships between spouses, but also between parents and their minor children, which has led to a constant involvement in its detailed regulation. The article aims to analyze the legal institution of judicial divorce in relation to the non-patrimonial relationships between parents and their minor children after the dissolution of the marriage, including in relation to related aspects that are mandatory to be established in the situation where minor children resulted from the marriage relationship at the date of the divorce between their parents, namely the exercise of parental authority and the establishment of the children's residence. At the same time, this scientific research aims to debate the importance of respecting the best interests of minors in making any decision in the divorce procedure with minor children, but also of establishing which aspects the court is obliged to rule on ex officio. At the end of the scientific approach, it will be concluded that divorce constitutes a fundamental institution in family law, which, when spouses have minor children, determines not only the involvement of the court, but also of administrative authorities, such as the Guardianship Authority departments within the City Halls or the County General Directorates for Social Assistance and Child Protection.
Author: Delia-Mihaela Marinescu
Institution: Petroleum & Gas University of Ploieşti
Language: English
Topic: Family and Matrimonial Law
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: bronze
OpenAlex ID: W4412474102