LAW OF THE REPUBLIC OF MOLDOVA

of July 9, 2020 No. 112

About modification of some regulations

The Parliament adopts this organic law.

Art. I. - In the Family code No. 1316/2000 (Official monitor of the Republic of Moldova, 2001, Art. No. 47-48, 210), with subsequent changes, to make the following changes:

1. Add Article 52 with part (3) the following content:

"(3) in case of children to whom according to Items c) and f) parts (1) article 14 of the Law on special protection of children, being in risk situations, and the children separated from parents, No. 140/2013 is established the status of the child, temporarily without parental support, territorial authority of guardianship at the request of the child or parents/parents (with the consent of the child) are provided by quarterly visit of parents/parents by the child if concerning parents/parents judicial processes of deprivation of the parent rights are not performed.".

2. Add Article 53 with part (2-1) following of content:

"(2-1) Protection of the rights and legitimate interests of the child whose parent / whose parents are minors, are provided with parents or other legal representatives of minor parents.".

3. In Article 54 the second offer to state in the following edition: "Accounting of opinion of the child is obligatory according to age and degree of maturity if it does not contradict its interests.".

4. Add Article 58 with parts (1-1) and (1-2) following contents:

"(1-1) Parents / the legal representative of the minor parent perform the parent rights and obligations also concerning the child of the minor parent and are legal representatives of the corresponding child.

(1 - 2) the Minor parent keeps the right to participate in the child's rashcheniya, care of it and his education.".

5. Add Article 61 with part (2-1) following of content:

"(2-1) Parents have the right by giving according to the procedure of the statement established by the legislation to partially delegate the rights and obligations concerning rashcheniye, child care and its education, to the temporary guardian to local body of guardianship. In that case parents remain legal representatives of the child, and the temporary guardian performs powers of legally responsible person of the child according to the legislation.".

6. In Article 63:

add Article with part (1-1) following contents:

"(1-1) If parents live separately, the child who reached age of 14 years chooses with which of parents to live. If he refuses to choose with which of parents to live, the residence of the child is determined by their mutual assent.";

in part (2) the first offer to state in the following edition: "If the consent of parents concerning determination of the residence of the child is not reached, and the child who reached age of 14 years refuses to choose with which of parents to live, the residence of the minor is determined by degree of jurisdiction, proceeding from interests of the child and considering his opinion according to age and degree of maturity of the child.";

add Article with parts (4) and (5) the following content:

"(4) If the consent of parents concerning determination of the residence of the child is not reached, before its determination by degree of jurisdiction by the residence of the child the residence of the parent with which he lives constantly is considered.

(5) In the case specified in part (4), the parent living separately from the child has the right to spend time with the child in the place of his residence - if it does not contradict the highest interest of the child taking into account its age, proximity of the residence of the parent living separately, visits of educational institution / participation in out-of-school activities - on the basis of the schedule established by territorial authority of guardianship.".

7. In Article 64:

part (2) after words "territorial authority of guardianship", to add with the words "which establishes the schedule of meetings and";

add Article with parts (2-1)-(2-3) of the following content:

"(2-1) In case of establishment of the schedule of meetings affection of the child for each of parents, for brothers and sisters, age of the child and visit of educational institution / participation by it in out-of-school activities, moral qualities of parents, the relations between each parent and the child, proximity of the residence of the parent living separately so that the parent rights were performed fairly are considered.

(2-2) If the parent with whom the residence of the child is determined temporarily leaves to other settlement in the country or abroad for work or in other purposes, and the child remains on care of other person, the parent living separately keeps the right to visit the child according to the schedule of meetings.

(2-3) If the parent with whom the residence of the child is determined leaves to other settlement in the country or abroad together with the child or having left the child under temporary guardianship, this parent provides by means of information and communication technologies or other means communication of the child with other parent, and also possibility of visit of the child by other parent.".

8. Part (Article 65 to state 1) in the following edition:

"(1) the Grandfather, the grandmother, brothers and sisters of the child have the right to communication with it. If the child's parents (one of them) interfere with implementation of this right, the territorial authority of guardianship can oblige to observe it, except as specified, when it contradicts the highest interest of the child.".

9. The first offer of part (Article 69 to state 3) in the following edition: "Persons deprived of the parent rights can have appointments to the children only with the permission of territorial authority of guardianship, taking into account without fail opinion of the child according to its age and degree of maturity.".

10. Part (Article 70 to state 3) in the following edition:

"(3) In case of recovery in the parent rights the opinion of the child according to its age and degree of maturity is without fail considered.".

11. In part (4) Article 71 of the word "body of guardianship," shall be replaced with words "local and territorial authority of guardianship,".

12. In Article 72:

part (to add 1) with words ", and legal representative of the child during the corresponding period is the territorial authority of guardianship.";

part (to state 2) in the following edition:

"(2) In certain cases parents from whom the child is taken away can have appointments to it with the permission of body of guardianship on which accounting there is child, and based on the positive conclusion of local body of guardianship at the place of residence of parents of the child, taking into account without fail opinion of the child according to its age and degree of maturity.".

13. Add Chapter 11 with Article 73-1 of the following content:

"Article 73-1. Conflict of interest between the concerned party and body of guardianship

In the presence of conflict of interest between the concerned party and local or territorial authority of guardianship the degree of jurisdiction according to the statement of the concerned party can appoint responsible for capture of the child to accounting other territorial authority of guardianship taking into account criterion of proximity, and also other applicable criteria.".

14. Recognize Article 77 invalid.

15. Part (Article 90 to state 3) in the following edition:

"(3) Person who establishes the status of the child temporarily without parental support, or the child, without parental support, are exempted from the obligations provided by part (1).".

16. In Article 142:

part (to state 1) in the following edition:

"(1) Guardianship and custody are established over children to whom the status of the child, temporarily without parental support, or the child, without parental support, for the purpose of their rashcheniye, education and training, and also for protection of their rights and legitimate interests was established.";

part (to recognize 5) invalid.

17. Recognize Article 144 invalid.

Art. II. - In the Civil code of the Republic of Moldova No. 1107/2002 (repeated publication: The official monitor of the Republic of Moldova, 2019, Art. No. 66-75, 132), with subsequent changes to make the following changes:

1. In part (3) Article 26 of the word"," to replace adoptive parents or the custodian in both cases with the words "or legal representative".

2. In Article 27:

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