State Protection of the Family, Motherhood, Paternity, and Childhood: Examining Jurisdictional Challenges in Divorce Cases

Abstract

The author argues that, currently, courts lack the procedural tools, specialized professional training, and sufficient time to adequately protect the rights of minor children during divorce proceedings. This situation highlights the urgent need for the development of a more effective extrajudicial mechanism to ensure state oversight of parental compliance with the rights and interests of minor children in divorce cases. The proposed procedure is based on the concept that, in addition to courts, other authorities within their respective competencies should oversee the legality of decisions related to divorce proceedings. Specifically, courts should handle legal disputes; registry offices should manage the registration of civil status acts, and guardianship authorities should monitor the protection of the rights and legitimate interests of minors and disabled family members in contentious situations