A Study On Maintenance To Children By Divorced Parents

Along with the increase of divorce, more and more children are having to involve into the change of the family structure. However, it is not satisfying for divorced parents to maintain their children. Due to insufficient care, lots of these children show serious mentality problems. They leave home, fight with others, and even commit crimes. Lots of investigations indicate that children's welfare after divorce rests with favorable maintenance by divorced parents. To protect children's welfare, legislations should reinforce prescription of maintenance to children by divorced parents. This essay will study the maintenance to children by divorced parents.The essay consists of preface, main body, and conclusion. The main body contains three parts:Chapter 1 analyses the issue of maintenance to children by divorced parents. The discussion includes two parts, the first question is about the influence of parents' divorce on children and how those children are maintained by their parents. The second thesis is about differences on maintenance between divorced parents and connubial parents.Chapter 2 briefly compares the legislations of some other foreign countries concerning the maintenance to children by divorced parents. It mainly compares the legislations concerning the relationship between parents and their children, distributions of responsibility for divorced parents, payment for maintenance, visitation rights etc. both in Civil Law System and Common Law System.Chapter 3 analyses flaws about the legislations concerning the topic in China and comes up with some proposal. There are still legal gaps in the legislations in China such as confusion on some conceptions, lack of specific principle, deficient enforcement for visitation rights etc. To resolve these problems, this chapter comes up with some proposal that in the one hand, consummate the minor custody system, so as to extend the rights and duties for patents to their children, in the other hand establish maintenance system, including maintenance by divorced parents to their children, in which payment for maintenance and visitation right etc. should be prescribed.