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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

Mr. Santos and Mrs. Reyes are married and have two children, Anna and Ben. They have been experiencing difficulties in their marriage, leading to constant arguments and disagreements. Eventually, they decide to separate and live in separate residences. Mr. Santos moved out of their family home and now lives in a rented apartment. Mrs. Reyes retained custody of their children but allowed Mr. Santos to have visitation rights.

However, Mr. Santos recently found out that Mrs. Reyes has been preventing him from seeing the children during his scheduled visitations. He believes that he still holds parental authority over the children and is entitled to spend time with them. On the other hand, Mrs. Reyes argues that since they are separated, she has the sole authority to make decisions regarding the children's welfare.

Question:

  1. Who holds parental authority over Anna and Ben based on the given facts?
  2. What are the rights and responsibilities of the parent who holds parental authority?
  3. What legal remedies are available to Mr. Santos to enforce his visitation rights and resolve the issue?



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Bar Review Question: III. PERSONS AND FAMILY RELATIONS Parental Authority Mr. Santos and Mrs. Reyes are married and ha