B -Alternative care
B - 1 - Separation from parents (Article 9).
The Congolese law provides for the maintenance of the relationship between the child and
his/her parents for the wellbeing of the child and harmonious development. It does allow
separation from them or one of them only in specific cases and when his/her interests require
it. That is when the child is abandoned, abused under section 328 of the Family Code, or
when parents are separated, divorced, dead, in case of adoption or withdrawal of parental
authority.
The decision of the judge in these cases will take into account the best interests of the child.
Visiting rights are prescribed in cases of divorce or separation of parents. Article 325 of the
Family Code states: "The judgment ordering or establishing divorce or separation rules on the
custody of each child who to his/her greatest advantage, will be entrusted to one or the other
parents or if necessary, to a third party. The parent ensuring the custody exercises the
different rights attached to parental authority over the person and the child's property. The
Tribunal sets the conditions under which the non-custodial parent may exercise a right.
Regardless of the person to whom the children are entrusted, the father and mother contribute
to the maintenance and education of the child within the limits of their means. "
In case of death of both parents, it is the guardian who exercises parental authority over the
child. He assures his/her care, education and maintenance (art 324 of the Family Code).
For children born out of wedlock, authority is exerted on them by the father and mother, but
custody belongs to the mother. The juvenile court may take educational assistance measures
such as regular visits from a social worker or placement under probation (article 328 of the
Family Code); or placement for a period not exceeding the time of his/her majority:
1 with another parent or a trusted person;
2 in a school or vocational school;
1 In a child care service;
2 in a care facility or a medical-educational institute;
3 in a rehabilitation institution (article 329 of the Family Code).
These measures may be revoked or modified (art 330 of the same code).
According to the provisions of Articles 331 and 332 of the Family Code, in case of forfeiture
of the authority of the father and mother due to child abuse and in case of withdrawal of all or
part of the rights attached to it, the court of instance or district serving as a criminal court or
the juvenile judge decides on the child guardianship which will then be given to anyone who
requests it through a petition to the court. Otherwise, the authority can be exercised by giving
the child to other institutions and even individuals who, after 3 years, can ask the Court by
petition, to be appointed as guardians of the child.
There is no guardianship in case of partial withdrawal of the mother and father's rights with
respect to any or some of their children.
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