Besitzen Sie diesen Inhalt bereits,
melden Sie sich an.
oder schalten Sie Ihr Produkt zur digitalen Nutzung frei.
Parental Responsibilities of Divorced and Unmarried Parents
An Overview of the New Portuguese Regime
The regime of parental responsibilities in Portugal has recently been reshaped. In 2008 Act 61/2008 of October 31st has simultaneously carried out a deep modification of the divorce regime and made a significant effort to update the rules of parental responsibilities in accordance with current social trends. The transformations of this regime included not only modifications in the exercise of parental responsibilities by married and unmarried parents but also in its regulation after a situation of family disruption.
I. From Paternal Power to Parental Responsibilities
The most emblematic change concerning the parent/child relation in the 2008 reform was the rejection of the traditional expression "paternal power" in favour of "parental responsibilities". "Paternal power" has proven out of date with the evolution of law and society because it expressed an idea of a right over the child, exclusively exercised by the father, linked to a conception of authoritarian and hierarchical family In contrast, "parental responsibilities" aim to translate the "Copernican revolution" of the 20th century that recognized the paramount importance of the child within the family and the society as a hold...