Monitoring children with parents gone abroad*
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This procedure aims to monitor the upbringing and care of the child whose parents are working abroad, as well as those who have returned to the country after a period of stay abroad together with their parents, over one year.
In the situation where both parents or the parent who exercises sole parental authority or with whom the child lives is about to leave for work abroad, they are required to submit/send to the Social Assistance Department within the Homocea Town Hall a written notification regarding the intention to leave for work abroad, at least 40 days before departure, according to Law no. 272/2004 regarding the protection and promotion of children's rights, republished.
The obligation to notify the Social Assistance Department applies to all parents who leave for work abroad from the above-mentioned categories, regardless of whether work abroad involves a work contract or not.
The notification must necessarily include the following elements:
- identification details of the parent(s) who intend to leave for work abroad
- identification details of the person entrusted with the care of the child during the absence from the country of the parent(s),
- the address where the child will reside in the future, after the departure of the parent(s),
- fulfillment by the person entrusted with the care of the child of the conditions provided by art. 105, para. (1) of Law 272/2004, regarding this person belonging to the extended family (must be a relative up to the fourth degree inclusive of the minor – can be a grandparent, uncle/aunt, cousin, nephew, brother/sister, great-grandparent, sibling of a grandparent), age – at least 18 years and full exercise capacity.
After receiving the notification, representatives of the Social Assistance Department will conduct a social investigation at the residence of the person with whom the child will stay during the delegation of parental rights, a document that must be included in the file to be sent to the court.
Parents/the parent in the presented situation, will submit a request for temporary delegation of parental authority to the Adjud Court, which will contain the following information: identification details of the parent(s), identification details of the child/children, identification details of the person entrusted with the care of the child, details about the workplace, period of absence.
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In the event of a dispute between the beneficiary and the competent authority, the common law provisions shall apply.
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