| Abstract [eng] |
The implementation of the principle of parental equality in resolving disputes regarding the determination of a child's place of residence is analyzed in the master's thesis, examining the doctrine of legal scholars, Lithuanian legal acts and case law. The main attention is paid to the analysis of court practice in order to assess how the legal regulation established in Lithuania on ensuring the principle of parental equality is implemented in practice. The paper concludes that the case law pays sufficient attention to parental equality, but since in these cases the focus is on ensuring the best interests of the child in combination with the child's wishes, the child's place of residence is more often determined with the mother. Disputes over the determination of a minor's place of residence pose the greatest risk of discrimination against parents on the basis of sex, as current case law imposes a greater need for maternal care for a young child, taking into account the specific needs of women and their personal characteristics. The work pays great attention to the importance of establishing the order of communication between a father and mother living separately from a child, ensuring the principle of parental equality. The practice established in Lithuania, which focuses on the equalization of the maximum time a child spends with each parent on weekends, holidays and vacations and the amount of time a child can communicate with a separated parent on working days, violates the ability of a single parent to their rights and responsibilities in relation to the child, as not only is the time for each parent to communicate with the child disproportionately quantified, but also the possible abuse of power by one of the parents and the interference with the other's exercise of their rights and responsibilities. The most effective communication procedure, which ensures not only the best interests of the child, parental equality, but also eliminates the possibility of one parent interfering with the other's communication with the child, is the "50:50" principle, which determines the same length of time with both children. |
