Regardless of the parents being married or divorced, the children and their parents still have rights and obligations to each other. In other words, the parents have the rights and obligations to their children, and vice versa. Particularly, these rights and obligations of parents are as follows[2]: Love the children, respect their opinions; take care…
In a divorce case, personal issues and properties can be said to be a matter of the private affairs of the spouses. Though, in reality they also have material obligations to a third party. However, for the issue of their children, this is no longer their sole problem, it may also widen the problem to…
Under the Law on Marriage and Family, parents are obliged to look after, nurture, care for and protect the legitimate rights and interests of their minor children, or adult children who have lost their civil act capacity, or those cannot work, and have no property to support themselves, during the marriage period and even after…
The Law on Marriage and Family stipulates that the Court can decide to change the custodial guardian when there is a request from one of the following individuals, agencies, organisations: Parents; Next of kin; State agencies managing matters of family; State agencies managing matters of children; or Women’s Union. Thereby, the applicable laws do not…
While waiting for the Court to resolve the divorce case, the two spouses are still legally recognised as spouses[2]. Therefore, both the spouses are equal in rights and obligations to care, nurture, and educate their children. If either spouse wishes to have sole custody of the children during this time, he or she may negotiate…
When the divorce process is carried out, property division and child custody are the issues likely to be in dispute. Especially for child custody, even if there is a decision of a competent Court, problems related to the caring of, nurturance for, and education of the children still potentially occur between father and mother, at…
The Law on Marriage and Family 2014 stipulates the special principle that children under 36 months old are brought to their mothers for the sake of better protection for their rights. In general, parents negotiate by themselves first to decide who shall have custody of the child, if an agreement cannot be reached, the Court…
Currently, one of the issues which spouses always face when going through a divorce which is likely to be at the center of the dispute is the right to child custody. Whether they only have one child or multiple children, the determination of who has direct custody of the children needs to follow certain rules….
Husband and wife are equal[4] to each other in all aspects of the family, including the care and nurturance for children, as well as their education. Based on that constitutional right, the Law on Marriage and Family stipulates that the spouses have equal rights to look after, care for, nurture, educate the children, and protect…
In a divorce case, does the law require each spouse to have a lawyer protecting their rights? Hiring a lawyer to protect legal rights in a divorce case is the right of spouses or the persons with related interests and obligations. Whether or not the spouses can exercise this right, depending on their conditions, purposes…