이혼절차에서 미성년자녀를 보호하기 위한 법원의 제반 조치들

Abstract

This paper aims to review the present court actions to protect children in divorce proceedings and to suggest specific actions of the system to protect children in divorce proceedings by agreement or by trial and in family non-litigation cases. Korean family court takes various actions to protect children in divorce proceedings. In divorce by agreement, parents must receive parental education. Furthermore, an order for counseling, an order for visitation right and an order for child abuse prevention education should be prescribed in divorce by agreement proceedings in the form of family non-litigation case. In divorce by trial, court orders advanced parental education, tempo- rary orders, coordinating action orders, counseling orders. In family non-litigation cases, court orders parental education for remarried families, submission school records and trust order. Minor children from divorced families suffer severe distress and difficulties. This does not result from the divorce itself, but is the outcome of negative behaviors during the process of fighting. The standard for determining the issues related to child custody and support shall be based on the best interest of the child, and shall not depend upon mere convenience or interest of the parents. In that sense, latest amendment to the FAMILY LITIGATION ACT shall be passed by the National Assembly as soon as possible.