Definition of parental authority
Parental authority and its exercise- Parental authority refers to the status and property rights and obligations a parent holds concerning a minor child. A parent of a minor child is a custodian of that child, and the parent of an adopted child is a custodian of that child (Article 909(1) of the Civil Act).
- Parental authority is jointly exercised by the parents while they are married, but a custodian who exercises it must be designated in the event of divorce (Article 909(2) through (5) of the Civil Act).
A custodian’s rights and obligations- A parent who exercises parental authority is the minor child’s legal representative (Article 911 of the Civil Act) and exercises parental authority, whose main substance is as follows:
1. The right and obligation to protect and educate the child (Article 913 of the Civil Act);
2. Right to designate the child’s place of residence (Article 914 of the Civil Act);
3. Authority to manage the particular property acquired in the child’s name (Article 916 of the Civil Act); and
※ Provided that where a third party who granted property for no consideration to the child has indicated opposition to the custodian’s administration, the custodian may not manage such property. If the third party does not designate an administrator for the property, a court appoints an administrator at the request of the person who was granted the property or the person’s family relative (family member within 8 degrees of relation, in-law or spouse within 4 degrees of separation) (Articles 777 and 918 of the Civil Act).
4. Right of representation in juristic acts for the child’s property (Article 920 of the Civil Act).
Parental authority and fostering rights- Fostering rights refer to the rights to raise and educate a minor child in the parent’s protection, while parental authority, which is a broader concept, is the authority to determine matters regarding the child’s status and property.
- Either or both parents may be designated the custodian(s) and fostering person(s) in the event of divorce, and different people may be designated the custodian and fostering person. If different people are designated the custodian and fostering person, the scope of parental authority excludes fostering rights.