Post Divorce Effects on the Rights of Children: A Case Study of Federal First Instance Court Lideta Bench and Ethiopian Women Lawyers Association (EWLA)
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Date
2012-06
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A.A.U
Abstract
The natural relationship between parents and children is an essential contribution to the
development of Children. Parents play an important role on the Child’s wellbeing. As primary
guardians of child-wellbeing, the views, perceptions, and practices of families determine the way
children are treated and cared.
The main purpose of this study is to show the effects of divorce on the rights of Children. In
doing so, the study tries to investigate gaps in the legal system with regard to
custody,maintenance,marital home and the child’s right to participation, examine the problems
that hamper the enforcement of maintenance, examine the absence of divorced parents in the
lives of their children constitutes a violation of the child’s right to maintain personal relations
and direct contact with both parents, right to health, right to life survival and development and
right to education and examine the need for the establishment of institutions that give advice
about parental arrangements after divorce.
To this purpose, the researcher distributed questioners for divorced parents, Conducted
interview with President of Federal first instance Court, one Judge, Social workers of Federal
first instance court, officer of the Ministry of Women Children and Youth affairs and officer in
the Bureau of Addis Ababa Women, Children and Youth affairs. The researcher also conducted
interview with some children and tried to study some selected cases.
The finding of the study shows that previously, Children do not express their views especially
when there is agreement on custody, maintenance and visitation right. But recently, the Federal first instance Court established office of social workers to facilitate child participation even
though there is no controlling mechanism to check every case is referred to the office. More
over, the finding shows there is no binding guideline for decision of maintenance and decision of
maintenance is not enforced especially when there is no secured income. It also shows that there
are no institutions that give advice about parental arrangements and most non custodial parents
are absent in the lives of their Children.
Based on the above findings the researcher recommended that binding guideline should be
enacted, laws with regard to custody, maintenance and marital home should be amended,
institutions that give advice about parental arrangements should be established, and there
should be some controlling mechanism to check every case is referred to the office of social
workers and special family execution Courts with expert execution judges should be established.
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Post Divorce Effects