Author(s) Rita Andreia Gomes Ferreira Barroso
Advisor(s) Marco Carvalho Gonçalves
Synopsis The aim of this research is to analyze the actual status quo and the Portuguese legal framework of parental regulation through the shared custody regime, in order to scrutinize all the prosecution aspects as well as, other important legal aspects. These other concerning legal aspects entail a deep study regarding the possibility of an eventual agreement, between the parents, and an eventual resort to familiar mediation. In addition, there are other parallel regimes of sharing custody that can also be assessed. Furthermore, the child’s best interests must be a primary consideration as well as, acquires a major importance the consultation with the minor on all matters concerning him or her, the need for visiting schemes and the applicability of alternate residence. Nonetheless, regardless of the choosen visiting scheme, the parental responsibilities and the legitimacy for the applicability of the chosen regime must not be affected during all the prosecution stages. Notwithstanding, it is paramount to take into consideration all case law and doctrine, that are paramount for the analysis and substance of the case at stake, and aim to enhance the child’s best interests. There are several questions that arise if we depart from a non-consensual part of the Portuguese doctrine such as, what are the specificities of this regime before the current legislation? What are the arguments that legally sustain this position? Under what legal parameters can the parents, after divorce, take decisions that put their children’s best interest in priority? In addition to the above mentioned interrogations, there are other questions that also arise and require a detailed research. These may be translated into other questions such as, what factors should be subject to the careful consideration of the judge who analyses the divorce proceedings of the parents, in order to assign the respective custody?, even as when does the appeal of an alternate residence regime applies? The answer to these above mentioned questions proved to be the driving force throughout this research. Besides, it is also relevant to study the applicability of this regime to foreign jurisdictions, as well as the other sciences input in order to fully understand this subject. In sum, the object of the research consists of the analysis of the sharing custody legal aspects which reveals to be the regime that better enhances the child’s best interests, at the light of family dissociation.
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