PORTUGAL Law and Practice Contributed by: João Perry da Câmara, Teresa Silva Tavares, Sofia Vaz Pardal and Joana Salazar Gomes, Rogério Alves & Associados
• the regime of visits (if it is established that the child lives with one parent); • the quantum of the alimony; and • the holidays the child will spend with each parent, etc. • The court will always make decisions in the child’s best interests. Parents can decide how to regulate parental responsibilities by mutual consent, or if they are not able to agree, they must apply to the court. In both situations, as there are minors involved, the Public Prosecutor must agree with the defined arrangement. The only restriction that the court has is to respect the best interests of the child, the right that the child has 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 indispen - sable for sustenance, housing, clothing, instruc - tion, 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 regu - lation of parental responsibilities, including child maintenance. 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 Prosecutor’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 n.º 2 of the Portu - guese 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 respec - tive education or vocational 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 unreasonable 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 lives with the child. 3.3 Other Matters When parents are not able to reach an agree - ment in matters that are relevant in the life of the child, the court can decide on that issue follow - ing 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 the child at risk; • religion issues; • having or not having psychological support; • authorising the child to travel with one of the parents 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. Decisions granted by the Portuguese courts usually do not mention it, but if one parent pre - vents the other from being with the child and that behaviour is recurring, the court can take meas - ures, such as transferring the child’s residence to the other parent.
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