Exercising joint parental authority
Exercising joint parental authority
"I have a child for whom I have joint custody and parental authority. However, his father demands that I ask for his agreement to any activity our son undertakes, whether it's moving within a 2km radius or simply allowing him to spend the night at a friend's house! According to him, joint parental authority means that all decisions have to be taken together. Do I really have to consult my ex-partner about everything?
Fabienne, Carouge
The content of parental authority is not precisely defined by the Civil Code. According to the prevailing view, parental authority consists of a bundle of rights and duties of the father and mother in respect of the child. In particular, it includes the right to direct the child's upbringing and to determine the child's care and place of residence (art. 301 to 303 CC).
If parental authority is exercised jointly, the parents should in principle take all decisions concerning the child together, without one of them having the casting vote. However, the parent responsible for the child may take routine or urgent decisions alone if the other parent cannot be reached within a reasonable time (art. 301 CC). The law gives no specific examples of "routine or urgent" decisions.
According to legal doctrine and case law, day-to-day decisions include those relating to the child's care and upbringing, such as leisure activities, clothing and food. Other day-to-day decisions include who the child associates with in his or her free time, and whether the child can go out in the evening, sleep at a friend's house or watch TV. On the other hand, decisions relating to the choice or change of type of schooling or learning, or those relating to surgery, are not routine. So if the decision is neither routine nor urgent, it requires the agreement of both parents with parental authority or the intervention of the courts.
Finally, with regard to the child's place of residence, the law specifies that a parent with joint parental authority may only change it with the agreement of the other parent or by decision of the judge or the child protection authority if the new place of residence is abroad or if the move has significant consequences for the exercise of parental authority or for personal relations with the other parent.
As the custodial parent, you can therefore give your son permission to go and sleep at a friend's house without consulting his father. As for a possible move in the same area, it will have no significant impact on the exercise of joint parental authority or on personal relations, so you can also consider it on your own.
