The parents, who are holders of parental authority, use their rights and perform their duties to decide instead of their minor child. With one objective: to protect it in its security, its health and its morality, to ensure its education and to allow its development.
In matters of authority, the rights of parents, however widespread, are not without limits. Everything must be done in the respect due to the child and in his interest.
Fix the child's residence
The child thus has the obligation to live with his parents, because they have a right and a duty of "custody". They fix the residence of their child. This is one of the major attributes of parental authority. The law also provides that "the child may not leave the family home without the permission of the father and mother and may be removed only in cases of necessity determined by law"
This rule applies to the child but also to third parties. The child can not reside in someone else's home without the permission of his parents. His father and mother may allow him to live elsewhere: in boarding or boarding, for example, to move away from home for apprenticeships, work or holidays.
But even in this context, the child does not have his own home, he continues to be attached to that of his father and mother where he resides. In practice, parents can take legal action and seek the assistance of the police (ie the police) to return the child back to the family home.
Custody is also a parental duty
If custody is a right, it is also a duty: parents are required to house their child. The goal is to protect the minor. Failing parents may be deprived of the exercise of parental authority. And, in very serious cases, a correctional court could hold the offense of abandonment of a child, an offense punishable by seven years' imprisonment and a fine of € 100,000.
A duty of supervision
Protecting the health, safety and morality of a minor involves a duty to monitor. Parents watch over their child, by checking his whereabouts, all his relationships (family members, but also friends and acquaintances), his correspondence and, more generally, all his communications (e-mails, phone ).
For example, they may prohibit their minor child from having contact with certain people if they feel it is not in their interest. The duty of supervision is related to the right of custody: it allows to control the life of the child under the family roof but also outside.
The parents' right in this area is not absolute, however. The child can claim a certain autonomy as he grows up, and he must be associated with decisions that concern him if he has sufficient maturity.
Parental control, in the interest of the child
Parental control is thus exercised in the interest of the child and especially in respect of his own rights. The International Convention on the Rights of the Child of 20 November 1989 sets a number.
Article 16 states that "no child shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honor and reputation". Surveillance must also be adapted to the age of the child, to changing morals. It is also limited by the child's right to maintain personal relations with his grandparents.
If the parents fail in their duty of supervision and the child is in danger, the children's judge can intervene and order an educational measure to help the minor, up to the placement of the child. For his part, the family court judge could withdraw parental authority from parents.
School and educate
Parents have the essential role of educating their child. This mission is not limited to enrollment in a school. It also includes moral education, civic, religious, sexual ... The goal is to bring him all the knowledge and learning necessary for him to live in society and acquire sufficient autonomy for the day he will be- even adult.
In school matters, the French law establishes a principle: the schooling of children aged 6 to 16 years. Parents must register them at the school of their choice at 6 years old at the latest. They keep the possibility to educate them at home.
Sanctions and possible educational measures
Breaking this rule would expose them to sanctions and measures of educational assistance pronounced by the juvenile judge. The latter intervenes when the child is in danger or when the conditions of his education or his development are seriously compromised. For example, the child may be placed, or the parents may be assisted by a specialized service providing help and advice to the family to overcome difficulties.
When the child grows up and wants to sign an apprenticeship contract, he or she needs the permission of their parents. Vocational training prolongs compulsory schooling.
Take into account the wishes of the child
Even if the legal representatives still have their say, they must take into account the wishes of their grandchild: once the schooling is over, the parents can not force them to work or to choose a particular profession. . If their child, even a minor, chooses to enter the professional life, he signs his contract of employment alone with their authorization.
To instill in the child principles of life
Finally, it is up to the parents to teach the youngest children the respect of the law, the best illustration going through the example! As for sex education, everyone will adapt their speech to the age of the child. It must be done gradually, with appropriate information.
In religious education, parents may decide that they will not educate their child in any religion, or choose the worship in which they will be raised. But a conflict arises between them and the situation becomes delicate. The judge himself ventures with great caution in this area.
As soon as there is danger for the child (especially sectarian practices), his position will be clear. On the other hand, if the dispute concerns the choice of one confession over another, the judge will seek a parental agreement. If that proves impossible, he will often not decide.
In a 1991 judgment (Cour de Cassation, 1st Civil Division, 11 June 1991, appeal no. 89-20.878), the Court of Cassation thus held that it was appropriate to wait until the girl had become of age to exercise choice. Baptized shortly after her birth, she asked, at age 16, to join another confession, in this case that of her father, which caused a disagreement with her mother.
Parental decisions on health
In another area, the parents decide how to care for their child, the treatments they must follow, authorize their admission to the hospital, consent to an operation ... Except emergency, no medical act can be performed on a minor without the consent of the holders of parental authority. Parents must nevertheless respect the obligations imposed by law.
This is true of certain vaccinations. This public health measure aims to prevent the spread of infectious diseases prevalent in children. To be enrolled in a community (nursery or school), children must be vaccinated against diphtheria, tetanus, polio.
Some margin of autonomy
The child himself enjoys a certain autonomy: he must be kept informed of his state of health. This information, given by the doctor, covers the investigations, treatments or preventive actions that are proposed, their usefulness, their possible urgency, their consequences, the frequent or serious risks that are normally foreseeable, as well as other solutions. possible consequences and the foreseeable consequences in case of refusal.
Of course, children receive this information in a way that suits their level of maturity. And even if the agreement of the father and mother remains necessary and sufficient, the doctor must seek the consent of the child to the proposed medical act if he is able to express his will and to participate in the decision.
The child can freely consult a doctor
Finally, the child can freely consult a doctor, the latter being bound by medical secrecy. However, he will seek the approval of parents to deliver care or treatment. This rule supports an exception. Prescribing, dispensing or administering contraceptives without parental permission is possible.
Similarly, a teenage girl can be given, without having to inform her parents, an emergency contraceptive in a pharmacy, at the family planning or in the infirmary of her school. It can also do without family consent to practice an abortion.
The obligation of maintenance
Parents must feed their children and maintain them in proportion to their resources and the needs of the child (Article 371-2 of the Civil Code). This essential obligation applies whether the father and the mother live together or separately and whether or not they exercise parental authority.
It is necessary to ensure to children, within the limits of the financial means of the household, a standard of living sufficient to allow their development. It's obviously about feeding them, but the obligation goes well beyond that. Parents must pay the cost of studies and education in general, holidays, health coverage ... even after their majority.
The obligation of maintenance continues until the financial independence of the young adult or at least until the end of his studies. It is most often the case that the father and mother do their duty. But on the occasion of their separation, this parental duty is the subject of numerous disputes. Because that of parents who does not have custody of the child is forced - on the basis of this duty of maintenance - to pay child support.
Children and money
It is never too early to learn the value of money and its use. From 12 years old, children can have a young booklet and a withdrawal card, with the permission of their parents and under their responsibility.
When they turn 16, many banks offer their young customers - with the parents' consent - the opening of their first current account, with a bank card allowing withdrawals in the distributors and the payment of purchases, but also a checkbook.
An appreciable freedom, to use with moderation! If the children spend more money than they have, the parents will have to fill the overdraft (the credit is forbidden to the minors). Banking freedom is acquired only at 18 years of age. The young person can then open and manage a bank account alone.
For more information, see our guide: "Children's savings and pocket money".
0 comments:
Post a Comment