PORTUGAL Law and Practice Contributed by: João Perry da Câmara, Teresa Silva Tavares, Sofia Vaz Pardal and Joana Salazar Gomes, Rogério Alves & Associados
to have both parents in their life, and the emotional stability of the child. Article 2003.º of the Portuguese Civil Code defines child maintenance as all that is indispensable for sus ‑ tenance, housing, clothing, instruction and education. Child maintenance is calculated based on the child’s needs and the economic capacity of both parents to provide for them. If one parent earns less than the other, the court can establish that the one with the more economic capacity should pay more. By agreement, the parties can establish all regulation of parental responsibilities, including child mainte ‑ nance. However, to be enforceable, the agreement will always have to be approved by the court or by the chief of the civil registry office after the Public Pros ‑ ecutor’s agreement to the regulation’s content. Child maintenance should be kept until the end of academic studies or, the limit, until reaching 25 years old (Article 1905.º No 2 of the Portuguese Civil Code). The maintenance fixed in favour of the child during minority will be maintained until the child reaches the age of 25, unless the respective education or voca ‑ tional training process is completed before that date, it has been freely interrupted or, in any case, the person obliged to pay maintenance proves that it is unreason ‑ able to demand it. When a minor reaches the age of majority (18 years old), they can personally ask for financial support. Until that age, it must be requested by the parent who When parents are not able to reach an agreement in matters that are relevant in the life of the child, the court can decide on that issue following a request by one of the parents against the other. Such matters include: • the school the child attends; • specific medical treatments that can put the life of lives with the child. 3.3 Other Matters
• having or not having psychological support; • authorising the child to travel with one of the par ‑ ents or alone or with third parties; and • place of residence, etc. Parental alienation is very difficult to prove, and the Portuguese courts are not so used to this. Addition ‑ ally, the concept of parental alienation is not recog ‑ nised in the Portuguese law. Decisions granted by the Portuguese courts usually do not mention it, but if one parent prevents the other from being with the child and that behaviour is recur ‑ ring, the court can take measures, such as transferring the child’s residence to the other parent. In fact, Article 1906.º No 5 of the Portuguese Civil Code states that the court will determine the child’s residence and rights of access according to the child’s best interests, taking into account all relevant circum ‑ stances, in particular, any agreement between the par ‑ ents and the willingness shown by each of them to promote the child’s habitual relations with the other. The court can hear children. It is mandatory for the court to hear children when they reach 12 years of age, but the court can decide to hear younger children if they show the capacity to understand the issues and the maturity to answer. Moreover, the court can decide to hear the children as witnesses. In some particular situations, when the court understands that the interests of the children conflict with the interests of the parents, the court should nominate a lawyer for the children. 3.4 ADR in Child Law Matters Mediation is available, but it is not mandatory. It can assist the parties in resolving financial issues. In a court process of regulation of parental responsi ‑ bilities, the court decides whether the parties should go through a period of mediation, which the parties can refuse. The parties cannot refuse to undergo a phase of specialised technical evaluation, during which the social security services will try to reach an agreement
the child at risk; • religion issues;
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