Family disputes and children as a victim of circumstances


The family - this is the union between two people, which arises from love and desire for future happiness. The family is the most important unit in society after man as an individual because it is man who is this social being who can not live alone and creates this institute. Nowadays, fewer civil marriages are observed, but even without this formality, children are born.
Over time, relationships between parents may get worse and they may think it is better to live separately. However, it comes to the question of taking parenting rights and giving them the basic care of children.
In cases where the court considers the dispute and the disputants have juvenile children, then the children's interests are examined and protected. The divorce judgment concerns: the exercise of parental rights, the regime of personal relations and maintenance as mandatory requisites, but that is not the most important thing. It is important to keep the parent-child relationship, to protect the interests of the child so that it lives normally in a secure environment and has a bright future. It is not all just a normative base and dry matter. In resolving disputes between parents, children should not be victims of law enforcement without their proper observance being in the interest of the child.
In relation to the granting of parental rights in divorce proceedings, the court is required to observe for example the criteria listed in the Family Code: "the parenting skills of the parents, the care and attitude towards the children, the desire of the parents, the attachment of the children to the parents, sex and age of children, the possibility of third-party help - parents' relatives, social environment and material opportunities. " This is, however, extremely inadequate. It is also necessary to look for the moral image of these parents, their value system, etc.
The Child Protection Act assesses: the wishes and feelings of the child; the physical, mental and emotional needs of the child; age, gender, past, and other characteristics of the child; the danger or harm caused to or likely to be caused by the child; the ability of parents to take care of the child; the consequences that will occur for the child in changing circumstances; other circumstances relevant to the child. Here at the center of the study is the child as the most vulnerable being.
From the point of view of parents, one of them is always disadvantaged, as the exercise of parental rights is granted to only one parent. From a legal and psychological point of view, choosing one parent to continue exercising rights with the child virtually deprives the other of this opportunity and puts him in a particularly disadvantageous situation at a time of personal vulnerability. This can not affect the psyche in the first place of the child who is accustomed to seeing his mother and his father regularly and secondly to the parent himself. It should be enacted to apply Art. 18 of the Convention on the Rights of the Child, which states that the two parents are jointly responsible for the raising and development of the minor child.
In a number of countries, parental rights after divorce are exercised by both parents and only upon an explicit request are awarded to one parent. It is necessary to change the legislation in order to solve the problems in the family without the children being the scapegoat. First of all, alternative methods of solving parental conflicts should be considered, such as: mediation, family counseling, social work, etc.
 
 
 


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Family disputes and children as a victim of circumstances Family disputes and children as a victim of circumstances