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PROTECTION OF THE BEST INTEREST OF THE CHILD IN THE DIVORCE PROCEEDINGS OF THE PARENTS

Maja Laklija
Ninoslava Pećnik
Radmila Sarić


Puni tekst: hrvatski doc 334 Kb

str. 7-38

preuzimanja: 28.767

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Sažetak

The paper deals with the issue of the protection of the rights of the child in the divorce proceeding of his or her parents, particularly the right to acting in the best interest of the child and the right to express opinions related to the child. Practical application of these principles has been tested through the analysis of the documentation on 70 cases of divorce. 23 semi-structured interviews have been conducted with the members of seven SCC (Social Care Centre) teams for marriage and family. It has been determined that there is an ambivalence towards including the child in the decision-making process about entrusting the child to care and upbringing. Experts express their uncertainty as to the issue when is the child's participation in accordance with his or her interests, and when it is against it. The main criteria of inviting the child to express his or her opinion are the following: lack of agreement between the parents, contradictory reports by the experts, the agreement of the parents which is not in the interest of the child, confirmation of the opinion of the experts, the child's rejection of one of the parents. In determining the best interest of the child in deciding to entrust the child to the experts, the most important factors are the emotional attachment of the child to one of the parents, material security, care to fulfil the child's basic needs so far, health of the parents and fulfilment of the conditions for a harmonious psychophysical growth. Possibilities to improve the quality of protection of the rights of the child primarily assume the increase in the number of experts in SCC; their education and supervision; improvement of the assessment of the best interest of the child; the development of the system of monitoring the implementation of the decision; separation of the repressive and advisory role of SCC and better material work conditions.

Ključne riječi

divorce; rights of the child; marriage and family team

Hrčak ID:

2130

URI

https://hrcak.srce.hr/2130

Datum izdavanja:

13.12.2005.

Podaci na drugim jezicima: hrvatski

Posjeta: 33.544 *