The claim of guardianship of rights is dismissed because the mother of the child does not have the exercise of parental authority (attributed to the father alone) and thus the representation of her daughter.

In the context of an earlier claim for protection of rights (PT 20-2021), the Authority was informed that by judgment of 30/10/2020 the parental authority was granted exclusively to the father of the child. In that rights-care procedure, the representative of the claimant was required several times to confirm or deny whether the parental authority of the child of his representative had been attributed exclusively to the father of the minor.
The representative of the claimant was required to report whether his client was exercising parental responsibility and, in that case, to prove this. In the same request, he was warned of the consequences of not accrediting the mother with the exercise of parental responsibility.
The claimant has not provided the information that distorts the information, nor has it confirmed that the mother has the legal representation of the minor, being a necessary requirement to exercise the rights relating to data protection of children under the age of fourteen.