During parent's marriage, both of them have the duty and the right to take care of their children. In the case of parent's divorce, children can live with only one parent. Therefore, parents must decide who will live with them and have parental
authority over their children. If the parents cannot agree on who will get parental authority, they must seek the aid of family court.
If the divorced parents do not sue for the parental authority even though they do not agree with each other, then the children would not be able to have the parent who has the responsibility to take care of them legally. This means the welfare of
them
may not be considered.
I insist that n the case of judicial divorce, the family court judges must have authorities to force them to decide who will have the parental authority. In the case of agreed divorce, while the judge confirms whether their divorce is made by
their
own
decisions or not, he or she also have to confirm if the parents have decided about the parental authority and whether the decision is consistent with the best interest of the children or not.
The current law does not clearly state the consideration of children's welfare in deciding, exercising, and depriving the parental authority. As a result, it is not focused on their children's welfare but only on the parents' dispute over the
parental
authority.
I believe that the children's welfare principle with respect to parental authority must be legally declared. Furthermore, the standards for children's welfare, such as the suitability of each parent, his or her wish, the matter of their
affections
and
children's wishes should be taken into consideration.
I also propose to add the restrictions or temporary suspension of parental authority to the current law which is only provided by deprivation. For example, in cases of child abuse, the offending parent cold receive counselling and treatment, and
the
children could be protected and cared re ceive counselling and treatment, and the children could be protected and cared for by the welfare program during such suspension. Deprivation of parental authority is not true relief for the children in
such
cases. After the deprivation of parental authority from the offending parent, guardianship begins, which is determined by law regardless of the child's interests.
Finally, parent's responsibilities to pay maintenance to their children should be forced by law and by court to reach the best welfare conditions for children.
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