In an attempt to better lay in writing what was already the practice of some Family Courts in Portugal, the law has been expressly changed to foresee the cases where judges can now decree the alternate residency of the child with both parents.
Up until now, when decreeing the child’s residency and visitation rights, the court should decide in accordance with the former’s superior interest, but also take into account all relevant circumstances of the case, such as the possible existence of an agreement between the parents and the availability showed by them to promote frequent relations of the child with the other parent.
Now, the court can determine the alternate residency of the child with both parents, even if the same do not agree to this, should the court decide that it is in the child’s superior interest. It is also clarified that the alternate residency of the child with both parents does not prevent the possibility of one of the parents having to pay maintenance to the other. This will be more evident when there is a substantial difference between the income of each parent, with payment of maintenance being a way to ensure that the child maintains his/her standard of living up until now. It is also expressly mentioned that the court must hear the child before making a decision on any matters regarding parental responsibilities,
something which was not a mandatory requirement up until now.
Edge International Lawyers
Following our previous articles on the recent changes to the Portuguese Law of Nationality, we can now inform that the President of Portugal has now signed off the decree from Parliament that approved the said changes. This was the final act in the legislative process and consequently the law will now be published in the official gazette and become effective.
Residency application time will count for the 5 years needed for nationality
Following our previous article on the changes to the Nationality Law in Portugal, we can now inform that the Portuguese Constitutional Court has just decided, by majority, that such changes do not raise any constitutionality issues.