Proposed legislative changes for child-rearing post-marital dissolution by the Russian State Duma
In the aftermath of a family breakup, the well-being of the children involved becomes a paramount concern. When it comes to determining child custody arrangements, the courts in the UK follow specific guidelines to ensure the best interests of the child are met.
One common arrangement is joint custody, where a child spends a set amount of time with each parent. However, there are certain conditions that must be met for joint custody to be granted. For instance, if one parent has filed a petition to refuse joint custody, or if one parent lives abroad, joint custody cannot be ordered. Similarly, if one of the former spouses does not have a residence, joint custody is not an option.
The Family Code, which governs such matters, states that there is a presumption that joint custody is in the best interest of the child, especially if the parents agree to joint custody or agree in open court. However, the court has discretion to award joint legal and/or physical custody, and may designate one parent as the primary caretaker and one home as the primary residence for practical purposes.
The court considers the best interests of the child standard, which includes factors such as the child’s health, safety, welfare, emotional ties, stability of each parent's home, history of abuse or neglect, parental ability, and the child’s preferences (typically considered if the child is 12 or older). The views of both the child and the parents are taken into account, with more weight generally given to a child’s preference if they are mature.
However, joint custody cannot be granted if it would pose a risk to the child’s safety or welfare, such as cases involving domestic violence, substance abuse, neglect, or unfit parenting. In such instances, the court may award sole custody to the other parent to protect the child. Even in high-conflict cases, the court may still award joint legal custody if both parents can communicate and cooperate on decision-making, though joint physical custody might not be ordered in such situations.
Deputies believe that addressing inadequate communication with one parent can help improve the well-being of children from broken families. They contend that such issues contribute to the common problems seen in children from broken families, such as lower academic performance, discipline issues, and higher anxiety levels. It is suggested that these issues may be linked to family breakdown and inadequate communication.
In cases where spouses cannot agree on child custody after a divorce, the court may decide the joint custody arrangement at its discretion. It's essential to note that lack of adequate communication with one parent can hinder a child's personal growth. Therefore, efforts to improve communication between parents should be encouraged to ensure the best possible outcome for the child.
- The issue of inadequate communication between parents is believed to negatively impact the well-being of children from broken families, potentially leading to lower academic performance, discipline issues, and higher anxiety levels.
- If spouses are unable to reach an agreement on child custody following a divorce, the court may decide on a joint custody arrangement based on the best interests of the child and the criteria outlined in policy-and-legislation, taking into account factors such as family-dynamics, relationships, and the child's general-news.
- While joint custody can be beneficial for maintaining relationships and family-dynamics for the child, it may not be granted if it poses a risk to the child's safety or welfare due to factors like domestic violence, substance abuse, neglect, or unfit parenting, or if one parent lacks a residence.
