Parental Responsibility after Divorce: the Case of North Macedonia

Abstract

In 2010 the Republic of North Macedonia began the process of drafting the Civil Code, which will be the most significant reform in the field of civil law since its independence in 1991. This reform is expected to include important amendments of the family law, including the regulation of the exercise of parental responsibilities after divorce. The authors in this article make a thorough analysis of the current legal framework in regard to the exercise of parental responsibilities after divorce in the Republic of North Macedonia (RNM). Their main purpose is to detect all legal solutions that are outdated and lead to a serious violation of the rights and interests of children. In the text, the authors provide an overview of the historical development of the legal regulation of the exercise of parental responsibilities after divorce, as well as an analysis of sociological research related to the consequences of divorce on the psychosocial development of children. In addition, the authors provide an overview of research on the impact of joint physical custody on children after divorce. Taking into consideration the importance of the best interest of the children, this article aims to point out the positive effect of joint physical custody on children. In the conclusion, the authors provide recommendations aiming towards a better regulation of the exercise of parental responsibilities after divorce in the new Civil Code of RNM which is now being drafted.