PERFORMING PARENTAL RIGHTS DE LEGE LATA, DE LEGE FERENDA

Abstract

A number of surveys over the past couple of decades have shown that

divorce has negative consequences on children. This is a challenge to

study the model of parental responsibility after a divorce that corresponds

to the principle of respecting the best interests of the child. In the paper,

the authors make a comparative analysis of the exercise of the parental

rights after the divorce de lege lata. The authors analyze the consequences

of divorce on children, as well as the results of sociological research on

the impact of the joint exercise of parental rights after divorce on children,

which is a modern tendency in the world in recent years. This research is

done in order to propose the best solutions that would be implemented in

Macedonian legislation de lege ferenda. The authors believe that reforms

of the Macedonian family legislation regarding the exercise of the parental

right after the divorce are urgently needed, given the fact that the number

of divorces in Macedonia is constantly on the rise, and our legislation has

an extremely outdated conception of parenting after divorce, leading to

serious problems for children and parents after the divorce.