A nationwide network which campaigns for joint custody after parents' divorce

The Parents And Children's Network

Return
Family law was changed

A partial revision of the Civil law was proclaimed on June 3rd, 2011. It was specified in Article 766 of Civil Law that the child's interests must be given the highest priority. Visitation and other means of contact between the child and his or her mother or father, payment of expenses for child-rearing shall be determined by that agreement.

The revised article 766:

Article 766 (Determination of Matters regarding Custody of Child after Divorce etc.)

(1) If parents divorce by agreement, the matter of who will have custody over a child, visitation and other means of contact between the child and his or her mother or father, payment of expenses for child-rearing, and any other necessary matters regarding child custody shall be determined by that agreement. In such situations, the child's interests must be given the highest priority.

(2) If an agreement referred to in the preceding paragraph cannot be reached, or discussions are not possible, a family court shall decide the matters referred to therein.

(3) If the family court finds it necessary, it may change determinations made pursuant to the provisions of the preceding two paragraphs and order any other proper disposition regarding child custody.

(4) The rights and duties of parents beyond the scope of custody may not be altered by the provisions of the preceding three paragraphs.

Please check -----> "Civil Code (Part IV and Part V)"

In the House of Representatives Standing Committee on Judicial Affairs, the former Minister of Justice Eda has answered as follows in reference to "a child's interests". This law can be interpreted to mean that for the interests and welfare of the child the direction of the mediation and judgment at the family court is to make all effort to realize visitation and other forms of contact because the child-parent relationship is important even if there is high stress between the parents.

The reasons that have been used frequently to limit contact in mediation and judgments until now are as follows:

- In the case of a small child, it is in the interests of the child that he or she lives with the mother.
- Because it becomes a source of stress for the custodial parents, the access is premature.
- The child does not want to meet, therefore meetings aren't necessary.
etc.

Such reasons will not be permissible in the future. However, we have to be aware that this law revision will not necessarily need to the abolition of lifelong separation of parent and child.