Are there issues for which I need the other parent’s agreement?

"Family by Law" is a section of Caiado Guerreiro where the team leader of the Family and Succession Department, Stéfanie Luz, answers questions on the subject.
News 22/01/2024

The question: Are there issues for which I need the other parent’s agreement?

Yes, these are known as “issues of particular importance” and must be decided by both parents.

If both parents have joint parental custody and do not agree on their children’s future in matters of particular importance, they can ask the court to decide.

There is no list determined by law, but practice has determined that issues of particular importance in the child’s life may be:

  1. The establishment of the child’s residence;
  2. Decisions on religious beliefs until the child reaches the age of sixteen;
  3. The administration of property that involves its encumbrance;
  4. Authorisation for marriage;
  5. Authorisation to obtain a licence to drive a motorbike, practice motor sports or extreme sports activities;
  6. Surgical interventions likely to endanger the child’s life or cosmetic interventions;
  7. Representation in court;
  8. Attendance at a public or private school, as well as changing educational establishments;
  9. Absences from school for reasons other than illness or other force majeure;
  10. Educational and training orientations of greater relevance;
  11. Extracurricular/sports activities attended by the child and their respective workloads;
  12. Authorisation to sign employment or service contracts until the child reaches the age of sixteen:
  13. Authorisation for the public disclosure of the child’s image;
  14. Acquisition of nationality;
  15. Trips abroad, holiday camps, study visits or other trips involving an overnight stay away from the home of either of the Parents;
  16. Moving out of the municipality;

Talk to your lawyer for more questions on Family and Succession.

The content of this information does not constitute any specific legal advice; the latter can only be given when faced with a specific case. Please contact us for any further clarification or information deemed necessary in what concerns the application of the law.

Practice Areas

  • Family and Inheritance