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AllBar 2024CIVIL LAWIII. PERSONS AND FAMILY RELATIONSP. Parental Authority (Family Code, arts. 209-233)

Question

III. PERSONS AND FAMILY RELATIONS - Parental Authority (Family Code, arts. 209-233)

Question:

John and Jane are the married parents of their 10-year-old son, Alex. They have been living separately for the past two years due to irreconcilable differences. John has been granted sole custody of Alex by the court during the separation. Jane is allowed visitation rights every other weekend.

Recently, John has been considering moving to a different country for a job opportunity. He believes that the move will provide better financial stability for the family. However, Jane strongly opposes this decision and feels that it would negatively impact Alex's well-being.

Based on the Family Code provisions on parental authority, discuss the following:

  1. What is parental authority, and what are its essential characteristics?
  2. Who has parental authority over a child during marriage?
  3. How is parental authority exercised when parents are separated or living separately?
  4. Can John relocate to another country without obtaining Jane's consent? Why or why not?



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Bar Review Question: III. PERSONS AND FAMILY RELATIONS - Parental Authority (Family Code, arts. 209-233) Question: John