A Study On Parental Custody Of Minor Children After Divorce

Last several years,with the rising divorce rate and the opening of the "second child" and "third child" policies,the protection of minors’ rights and interests has become increasingly prominent.However,after the divorce of parents in our country,the guardianship system for minor children is not perfect.The biggest problem is that the principle of the best interests of minor children is not clearly defined.guardianship rights have not been effectively protected.Although the guardianship system of minor children has been improved,it can be found that the protection of guardianship rights and interests of minor children is still not systematic and there are problems such as lack of principled guidance.And minor child custody cases often involve multiple interests,and the procedures are complex and unpredictable,which brings greater difficulty to the judge’s discretion and requires us to improve the relevant procedures from various aspects.The main structure of this article is divided into four parts.This article takes the guardianship of minor children by parents after divorce as the main research object.It raises questions according to the judgments of the cases,and proceeds legal analysis in combination with the legal provisions of our country.The perfection of the guardianship system puts forward its own opinions.The part one is the research purpose,background and significance of this article.This part simply analyzes the background of a series of problems and the lack of legal norms in the guardianship of minor children by parents after divorce,and points out the practical and theoretical significance of studying related guardianship issues to the improvement of guardianship.The part two,brief introduction to the relevant case and a summary of the disputed focus of the case.There are five cases in this part,and each case has its own corresponding theme.The first case reflects that the principle of the best interests of children is not fully applied in custody decisions after divorce;the second case is a single case of guardianship mode,and The disadvantage of single guardianship model is drawn from the case,which provides case support for the guardianship model combining single guardianship and joint guardianship;the third case is a case related to the expression of children’s wishes,which reflects the importance of children participating in divorce proceedings and truly expressing their wishes.The fourth and fifth cases are the cases of one parent infringing upon the personal and property rights and interests of minor children after divorce,and the relevant liability standards are refined as much as possible from the case analysis.Summarize the controversies of the cases and the relevant cognition of deviations from the above five cases.The third part is the analysis of the problems existing in the custody of minor children after parents divorce.This part analyzes the four issues of neglecting the application of the principle of the best interests of children,the mode of guardianship distribution is too simple,neglecting the expression of the will of minor children,and injuring the interests of minor children,it is difficult to determine the responsibility of guardianship,and points out the best interests of children.The dilemma of the application of the principle in the guardianship system,the legislative status of the guardianship distribution model and the single reason,and the difficulty of determining the responsibility in the case of infringing the guardianship rights and interests of minor children are also demonstrated.The fourth part is the proposed measures.According to the problems summarized in the dispute focus of the case,put forward relevant suggestions and improve relevant legal norms,so that the guardianship interests of minor children can be better protected in many aspects.For example,it is necessary to establish the principle of the best interests of children,improve the guardianship distribution model and the children’s opinion expression mechanism,and establish a third-party representative system for minor children.