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A parental plan in case of termination of informal relationships? A comparative study

A parental plan in case of termination of informal relationships? A comparative study. Dr. Lieke Coenraad Barcelona 2007. Parental plan: proposed in the Dutch Bill. Contains arrangements with regard to: Care and education Consultation and exchange of information Financial contributions.

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A parental plan in case of termination of informal relationships? A comparative study

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  1. A parental plan in case of termination of informal relationships?A comparative study Dr. Lieke Coenraad Barcelona 2007

  2. Parental plan:proposed in the Dutch Bill • Contains arrangements with regard to: • Care and education • Consultation and exchange of information • Financial contributions

  3. Parental plan:proposed in the Dutch Bill • Included: • 35.000 children - formal relationships (marriage, registered partnership) • Excluded: • 18.000 children - informal relationships

  4. Parental plan:Should there be a distinction between:- children of formal relationships and - children of informal relationships?

  5. Parental agreement required:* Austria* Portugal* Slovenia * Serbia Results of comparative research:

  6. Parental agreement required on: Child’s residence Austria and Serbia:

  7. Portugal: Parental agreement required on: • Child’s residence • Contact with the non-residential parent • Child maintenance

  8. Slovenia: Parental agreement required on: • Parental responsibility • Education of the child • Child maintenance • Contact with the non-residential parent • Child’s residence • Providing the child with information

  9. Common features: • NO formal precondition for termination of informal relationships

  10. Common features: • NO formal precondition for termination of informal relationships • Control of fulfilment is not possible

  11. Common features: • NO formal precondition for termination of informal relationships • Control of fulfilment is not possible • Formal precondition for continuation of joint parental responsibility

  12. Common features: • NO formal precondition for termination of informal relationships • Control of fulfilment is not possible • Formal precondition for continuation of joint parental responsibility • De facto continuation of joint parental responsibility without any agreement

  13. Common features: • NO formal precondition for termination of informal relationships • Control of fulfilment is not possible • Formal precondition for continuation of joint parental responsibility • De facto continuation of joint parental responsibility without any agreement • Lex imperfecta

  14. Reasons for requiring a parental agreement: • Precondition for continuation of joint parental responsibility (all four countries);

  15. Reasons for requiring a parental agreement: • Precondition for continuation of joint parental responsibility (all four countries); • Facilitation of good communication between separated parents (all four countries);

  16. Reasons for requiring a parental agreement: • Precondition for continuation of joint parental responsibility (all four countries); • Facilitation of good communication between separated parents (all four countries); • Further equalisation of marriage and durable cohabitation (Slovenia and Serbia);

  17. Reasons for requiring a parental agreement: • Precondition for continuation of joint parental responsibility (all four countries); • Facilitation of good communication between separated parents (all four countries); • Further equalisation of marriage and durable cohabitation (Slovenia and Serbia); • Avoidance of legal discrimination between marital and extramarital children (Slovenia and Serbia).

  18. Final conclusion: • Obligatory parental plan in case of termination of informal relationships: not feasible • Promoting and facilitating voluntary parental plan: feasible and desirable

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