The Research On Custody Of Minorchildren After Divorce

At present, divorce is very common in China. Faced to the changes in family structure, many minor children do not receive proper guidance and good cares. Some studies show that whether the parents give good custody to minor children is an important factor in growth. Therefore, in order to protect the interests of minor children after parent's divorce, it is necessary to make clear and specific provisions connected with custody in law, which is also the starting point of this thesis. The paper is consisting of the introduction, body and conclusion, and the body is divided into four chapters:Chapter I: The explanation and analyze on custody of minor children after the divorce. In this chapter, I point out that with the rising divorce rate in recent years, the children's interests are infringed; the main result of this is against the parents for their minor children after divorce is not the appropriate support and care. Minor children of divorced parents for the support of the theory include: biology, sociology, human rights law and civil law.Chapter II: The rules on custody of minor children after the divorce in foreign countries, including: France, Germany and the United States. I primarily discuss from the right way of custody, how to decide the direct custodian, the maintenance, visit rights and other systems. And the best interests of children principle are the starting point and standpoint of legislations in foreign countries, which can provide legislation for China.Chapter III: The regulations on custody of minor children after the divorce in domestic legislation. In this chapter, I first analyze the disadvantages of our legislation, and then I divide the contents into custody and visit rights. In Chinese law, it is the first time to establish the principle of children's interests, affirmed to the views of children over a certain age should be respected accordingly, to give their children the right to be effective in expression.Chapter Four: The suggestions on custody of minor children after divorce. First, the establishment of the principle of best interests of the children is essential. Secondly, this chapter discusses measures to improve the custody system and visit rights discussed measures to improve the system: expanding the rights to visit, make a clear obligation to the other parent; make some clearly specific situation in the suspension of visit rights; according to the different ages of children to determine the different exercise of visit rights.