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The civil code stipulates that the judicial authority decision with regard to foster care of minor children must be applied, with priority given to shared foster care. The judge s decision, however, will have to consider first the interests of the children.
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What does this mean ? It means that the court will consider first the emotional and psychological aspects, as well as the material one. For example: the shared foster care cannot take place when the foster care to one parent can be a detriment for the children.
Important: the decision on shared or particular foster care, shall not be adopted taking into consideration the report of separation; so if a spouse is considered "responsible" of the separation, however, children can be entrusted to him.
What happens if the separated spouse already live with another person ?
In this case it may be decreed the shared foster care to him, since what is important is that to the children will be ensured an environment in a position to allow the better development of the personality.
Important: the positions outlined below, are used both in case of personal separation between spouses, and in case of divorce and the abolition of marriage. Parental responsibility is that institution ruled by the laws of the civil code, so the lack of individual responsibility to take care for the own interests, is counteracted by the replacement of the parents to the ending of control actions and administration of assets in addition to decision considered fundamental for the appropriate education of the parents themselves, in the natural respect of children, of their ambitions and their capabilities.
This explanation, makes us understand how the shared foster care is very important in order of power, since it is the responsibility of both parents. What does it mean? It means that they must deal with the educational development and growth in a united manner, even if the implementation can be separated, as in the case of shared foster care.
What happens in cases when the parents cannot reach an agreement ? In this case the decision is the responsibility of the judicial authority, which can also approach his own decisional power to one of the parent considering case by case the parent more up to protect the interests of the child. Article 155 of the civil code, in arranging the shared foster care as a obliged choice by the judge, also highlights the principle that "the minor child has the right to maintain a balanced and continuous relationship" with both parents.
That statement, together with the provisions of the selective foster care, makes emerge within the provisions of the civil code, the basic principle according to which, except in case of serious reasons, the child should have the constant presence of both parents, rather distributed in terms of time, for the purpose of a better development of the individuality.