Article 32 — Exercise of Parental Authority
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1.
Both parents exercise parental authority jointly over their minor children, whether born during or outside of marriage, provided that parentage has been established in respect of each parent.
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2.
Parental authority comprises:
- The duty and right of care, including the physical, emotional, and moral welfare of the child
- The duty and right to educate the child and to guide the child’s religious and cultural upbringing
- The duty and right to represent the child in all juridical acts, in accordance with Article 10
- The duty and right to administer the child’s property, subject to the restrictions set out in Article 10
- The duty to maintain the child, in accordance with Chapter 6.
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3.
In all matters concerning the exercise of parental authority, the best interests of the child shall be the paramount consideration, in accordance with the Fundamental Laws.
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4.
Where the parents are unable to agree on a matter of parental authority, either parent may apply to the Royal Chancellery for a determination. The Chancellery shall decide the matter having regard to the best interests of the child.
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5.
Parental authority may be exercised by one parent alone where:
- The other parent is deceased, incapacitated, or absent
- The other parent’s parental authority has been suspended or terminated
- A determination of the Chancellery so provides.
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6.
Parental authority is suspended or terminated by:
- The death of the parent
- A declaration of incapacity that renders the parent unable to exercise authority
- A determination of the Chancellery, upon application by the other parent, a guardian, or any person having a legitimate interest, on the ground of abuse, neglect, abandonment, or other grave fault that renders the continued exercise of authority contrary to the welfare of the child
- The adoption of the child by another person, in accordance with Article 31.
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7.
This Article supplements the provisions on parental authority in Article 10. Where a provision of Article 10 addresses a matter more specifically, that provision prevails.
How to cite
CC Art. 32 — “Exercise of Parental Authority”, Civil Code of Kaharagia (2026).