Zajedničko vršenje roditeljskog prava

Abstract

The joint exercise of parental right was introduced as a form of custody also in situations in which a traditional form of custody meant exercise of parental right by one parent. This concept strives to differentiate the relationship between parents from the relationship between spouses (common law partners) by, from the legal point of view, preserving the relationship between parents and the child the same or at least similar in case marital relationship changes, having regard to the fact that parental rights and duties do not cease with the divorce and that a child needs both parents for his/her development. Serbian Family Act 2005 has for the first time introduced a possibility of joint exercise of parental right even in case when parents do not live together (Article 75/2). Since this form of custody is a novelty in the Serbian family law, Serbian Family Act provides that agreement between the parents is a necessary precondition for this form of parental care. Beside parents and the court, the child has a very important role in the decision-making concerning his/her custody in case parents do not live together. In the comparative law, joint custody is being part of the evolutional progress. At the time when this concept was introduced, agreement between parents was a precondition for the joint custody. Today, many legal systems do not consider parental agreement on joint custody as a precondition for this form of custody after divorce.