Parental right and rights and obligations of the parents and children

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Provisions of the rights and obligations of parents and children can be found in the Family Act, Law on personal name and a Law on obligations

 

This article is taken from Lulka – Association for care and education of pregnant women, mothers and children – http://lulka.org/

 

Parental right

 

A parental right, that belongs both, to a mother and a father equally, represents the rights and obligations of the parents in taking care of the personality, rights and interests of their minor children and the children over which they have custody. If one of the parents is dead, is unknown, if the parental right is taken or if the parent can’t carries out the role of the parent, the parental right is carrying out the other parent.

Therefore, the subjects of the legal parental relationship are: a mother, a father and a child in this relationship, as well as the parental right itself, which occurs at the moment of the birth of the child or at the moment of the adoption of the child. Depending on how the social status of the children is regulated in the Family act, the children can be: photo1

-children with two known parents that live in a marital union and who live with the both parents or only with one of them if the marital union fell apart,

-children with two known parents that are not in marriage but the parents are living together or not living together,

-children that are familiar with only one parent,

-children that don’t know their parents,

-abandon children

-adopted children

 

Rights and obligations of the parents

The Family Act regulates the rights and obligations of the parents to support their minor children, to take care of their life and health, to prepare them for the independent life and work, to take care of their education, professional training. The parent who is not living with its child has a right and obligation to maintain personal contacts and direct contacts with its child.

The parents have rights and obligations to represent their minor children and the quantity of that representation depends on the age of the child. A child of 14 years of age is not authorized just to close legal affairs, besides those that are not requiring legal knowledge (for example, shopping products from a store with fixed prices). Children older than this, and up to their adulthood have limited legal capacity and can concludes certain legal matters, but with additional approval by the parent.

Based on the Law on obligations, the parents are responsible for the damage made by their child up to the age of seven, regardless of its fault. They can be released from the responsibility if theu can prove that the damage was made by a higher force of because of the fully or partially act of the other person involved. The parents also are not responsible if the damage occurred while the child was entrusted to another person and if that person is responsible for the damage.

The minor at the age of seven and up until 14 years of age are not responsible for some damage, but only in cases when can be proved that during the act of damaging the child was able to rationalize. In cases where besides the parents, for the damage is responsible the child as well, their responsibility is based on solidarity.

If the minor damages other while both of them are under custody, school or other institution, for the damage the responsible person is the guardian, the school or the other institution. These subjects can be relieved from guilt if they can prove that they were conducting the supervision by the previously set up rules and that the damage was made during the careful established supervision of the child. In this case the responsibility is based on solidarity if the minor also takes the responsibility for the damage while it was under custody. The Law for obligations requires special responsibility from the parents in a situation when a minor makes a damage while it is under custody of a third person, and the person who is damaged asks for a compensation from the parents because the damage was made because of the bad parenting of the minor, bad examples that were transferred to him by the parents or just because the damage can be transferred to the parents.

In legal disputes for compensation of some damage, the Law obliges the Court to withdraw from the above mentioned regulations if these were opposed to the notion of the conductivity.

 

Rights and obligations of the children

The greatest importance for the child’s status as a subject – holder of the rights has the Convention of the United Nations for the children rights from 1989, that is ratified in Republic of Macedonia. With this international instrument, the child has recognized rights as a independent individual, among which other rights are guaranteed, such as the right for freedom of expression, for making decisions, the right of its development, the right to know its origin etc.

Aligning to the Family Act, the child has a right to be supported by its parents, to be represebted by them or by its guardians, to be taken care of, to be protected its life and health, to be enabled to live an independent life and work, to have optimal conditions for its education and professional training, depending on the conditions in the family.

The minor children has a right to live with their parents, but also they can live separately only if that is for their direct interest or if it is the best decision for the mutual interest for both, children and parents. The child has a right to maintain personal contacts with the parent with whom is not living with. The minor children also have right to maintain contacts with the parents and with the other close relatives of the deceased parent, the parent who lost its parental right of the parent who can not realize its parental right because of other reasons.

 

Lawyer Ana Dangova Hug from the Law firm Inter Partes Skopje

http://lulka.org/index.php?option=com_content&view=article&id=498:2013-04-25-08-11-01&catid=77:2013-03-19-00-47-15&Itemid=228

 

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