COMMON AND RESPONSIBLE PARENTING - JOIN CUSTODY, de lege ferenda IN POSITIVE LEGISLATION IN THE REPUBLIC OF MACEDONIA

Abstract

The increasing number of the divorces during 1960 and 1979, obviously is reflected in children’s life, causing serious stressful situations, emotional trauma, decline in living standards and so. During the period of divorce/separation the situation of the spouses is very disturbing, and this reality makes it impossible for parents to respond consistently and responsibly to the needs and feelings of the children. The chaos in the marital life is reflected in their ability to cope with parental work, because they are passing through heavy times and they cannot fully focus on their children. When marital compromise is missing, it is more certain to expect a functional parenting contract. So far, very little attention has been paid to the tension between parents that arise due to family conflicts. Divorced parents are encouraged to take care for their children. Divorced people are completely free people, not isolated by current legal or financial relations and it means that they are free to build new life and start new beginnings.
According to this, the amount of alimony after divorce is strictly unchangeable and new economic disadvantages arising from events after divorce are legally irrelevant.
However, parents must be told that regardless of whether they live together or are separated, parental plans must be always in favor of their children interests, they should first think about their children before they act and after that to decide if it’s good or bad for their children. Getting the best possible agreement for sharing the parental responsibilities after the divorce is the most important rule for children’s welfare because it can affect children’s psych in a bad way.
Therefore, for responsible behavior of the divorced parents in the Republic of Macedonia in relation to their children, it is necessary to introduce a provision in the Family Law, to ratify the Convention on Contacting Children from 15. V 2003, according to which, some principles should be applied when determining the parent-child relationship.
The legislator should ensure the introduction of a legal provision for joint custody after divorce. Legal provision would guarantee: joint custody after divorce, equal care from both parents; education and caring should be in equal position for both parents, wherewith the both parents will decide for all the issues for the benefit of their children and both of them to have same access to their children, neither father nor mother have the right to demonstrate power of possession through the abuse of parental rights.