The Procedural Practices of Establishing the Child’s Residence in the Republic of Moldova

Abstract

The children care represents a priority of each state policy. In this context, the legislation of the given field was adjusted to the requirements of the United Nations Convention on the Rights of the Child and other international treaties ratified by the Republic of Moldova. The substantive law in the procedure of identifying the child’s residence establishes the rules of evaluation of the place which will constitute the child’s residence. If parents cannot agree amiably whom the child will live, the only possibility of solving the problem is addressing the court. The procedure of establishing the child’s residence is regulated by the provisions of the Code of civil procedure. As far as in this case there is law litigation – the plaintiff interest lays in the fact that the child’s residence should be established with him/her and the defendant interest - that the plaintiff pretentions should be rejected. From the judicial practice of the Republic of Moldova regarding the establishment of child’s residence we mention that there are cases of condemning the state to ECHR. The court decided that the competent authorities should take all necessary, reasonable applicable measures for re-establishing the relation between plaintiff and her son as long as the court decides with whom of the parents the child will live. In the given research we aim to analyze the national procedural peculiarity of establishing the child’s residence as well as the concordance with the community normative provisions.