Parents separated in different countries

Kindly, in relation to the matter of reference, in accordance with the terms provided in Articles 26 of the Civil Code, 13 et seq. of the Code of Administrative Procedure and Administrative Disputes, and 6th, numeral 4, of Decree 987 of 2012, we answer the request for a definitive opinion on the case in question, in the following terms:

The Colombian Civil Code[2] establishes that parental authority is the set of rights that the law recognizes to parents over their unemancipated children, in order to facilitate the fulfillment of the duties that their quality imposes on them. It corresponds to the parents, jointly, the exercise of the parental authority over their legitimate children. In the absence of one of the parents, it will be exercised by the other.

However, the exercise and regulation of visitation is only required when the parents are living separately either by divorce, separation of bodies or simply because they have never lived together and it is a concept inseparable from the notion of custody and personal care, since they operate as main and accessory figures, since if both live with the child, by subtraction of matter the concept of visitation disappears.

What rights does a mother have upon separation?

By virtue of parental authority, parents have legal representation and protection of their children in the physical, psychological, moral, social, guardianship and custody, and right of correction.

Who has the right to a child?

In principle, both parents have parental rights over their children unless one parent is deceased, absent or has lost parental rights, in which case the other parent has parental rights.

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What are the rights of a mother with her children?

Being a father and a mother entails rights and responsibilities over their children in order to guarantee their integral development, such as decent housing, maintenance, clothing and education, which are distributed proportionally between the couple for their fulfillment, with the aim of achieving an adequate development, …


Supidej Jaithon, 20, (also known as Chief), cries with laughter as he holds his newborn baby, Matt, born a few minutes earlier at Lerdsin Hospital, Bangkok, Thailand, Tuesday, March 6, 2018.

Around the world, momentum in favor of family-friendly policies is growing. For example, in India, officials have proposed a Paternity Benefits Bill for consideration in the upcoming session of Parliament, which would allow fathers up to three months of paid paternity leave.

Damien Armes gives his wife Tamzin a piece of toast while she’s in labor in a birthing pool, in the maternity ward of the Royal Devon and Exeter Hospital, in Exeter, Devon, England, 28 February 2018.

What happens if I take my child to another city?

As a rule, you cannot take your child to another state without court approval. If you do, even if the custodial parent took the child, you could face fines, serve jail time or lose custody.

What are a woman’s rights when she separates?

Today it is known as “spousal maintenance”, to which the wife is entitled. It applies in the event that her spouse has significantly higher income compared to hers. Also if she needs time to recover financially after covering the expenses of the divorce.

What is the woman’s right in a divorce 2021?

Mexico’s Supreme Court of Justice of the Nation (SCJN) determined that, in any divorce, the spouse who has dedicated him/herself to housework and childcare must be compensated with up to 50% of the assets acquired during the marriage.

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Mother’s rights over the child

The legal figures of parental authority, guardianship and custody are often confused or it is believed that the rights and obligations of one or the other figure only arise at the moment in which there is a divorce or separation of the parents. In the following we will mention the generalities about parental authority, guardianship and custody.

By virtue of the patria potestas, guardianship and custody, the parents have the obligation to provide food, clothing, shelter, education and medical assistance to their children, satisfying the needs of development, dignity and quality of life of the children, in the form and terms established by the family law legislation applicable to the specific case.

The civil codes and family laws in Mexico establish the circumstances under which parental authority ends or terminates, it is recommended to consult the applicable legislation in the state in question to determine the circumstances that apply to the specific case.

What rights does an estranged parent have with his or her child?

To educate their children and give them an education: The education of their children must be provided and guaranteed until they are of legal age. Duty to provide food to the children: Provide them with adequate food for their proper development, until they reach the age of majority.

What rights do children have?

I have the right to housing, food and care. I have the right to free education. I have the right to play, rest and have fun. I have the right to say what I think, what I feel and what worries me and to receive guidance from my parents and teachers or caregivers.

What is the difference between custody and parental authority?

With the birth of a child, parental authority is acquired, which entails the custody and guardianship of a minor. … The main differences between parental authority and custody are that parental authority can continue to be exercised by both parents, regardless of with whom the children live.

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My child’s father lives abroad

However, these proposals have been left out of the 2022 General State Budget, so their implementation is in doubt. What they do include is the creation of a new aid of up to 100 euros per month for each dependent child for families who receive the Minimum Vital Income (IMV) or who have a low economic income.

Duration: As of January 1, 2021, maternity and paternity leave will be equalized at 16 weeks, an individual and non-transferable right. That is to say, if one of the parents does not take all this time, it cannot be transferred to the other.distribution: Of the 16 weeks, 6 of them are taken uninterruptedly and simultaneously by both parents after the birth, the rest, the other 10 weeks, can be taken later or postponed and distributed in interrupted weekly periods, depending on the family organization. There is also the possibility of choosing a full or part-time regime, subject to prior agreement with the company. However, the limit for taking them is until the baby is 12 months old.

By Rachel Robison

Rachel Robison is a blogger who collects information on court filings and notices.