Published: 2024-12-12

Custody of a minor child and maintenance obligations towards him in the judgment c. Caberletti of April 4, 2017

Rafał Kamiński
Ius Matrimoniale
Section: Orzecznictwo sądowe
https://doi.org/10.21697/im.2023.35.2.07

Abstract

In the article the analysis of one aspect of the judgment of the Roman Rota was performed, namely the entrustment of custody of a minor child and maintenance obligations towards him. This is not a common situation when a church court comments on a topic related to securing the rights of offspring. The marriage in question concluded in Lebanon, where marriages are concluded only in a religious form, therefore, in matters of personal and family status (Statut Personnel), the law of the religious association to which the parties belong applies. For this reason, the church court (in the first instance) included in its judgment provisions regarding custody of the minor and ordered the father to pay him alimony. In the analyzed rotal judgment, what was particularly interesting, was not the decision itself, but the legal justification based on which the court reached it.

Keywords:

judgment, Roman Rota, custody, alimony, bonum prolis, Status Personnel

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Citation rules

Kamiński, R. (2024). Custody of a minor child and maintenance obligations towards him in the judgment c. Caberletti of April 4, 2017. Ius Matrimoniale, 35(2), 159–173. https://doi.org/10.21697/im.2023.35.2.07

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