In the divorce proceedings, one of the most sensitive and significant issues is the question of who the minor children will continue to live with. Although divorce is a legal procedure between two adults, its consequences are felt most strongly by children.
That is why Macedonian law, as well as international standards for the protection of children's rights, insist that any custody decision be made solely according to the best interest of the child, and not according to the wishes, conflicts or mutual disagreements of the parents.
Who decides with whom the children will live after the divorce?
According to the Family Law, the decision to entrust minor children to custody and upbringing is made by the competent court. The court does not decide arbitrarily, but based on a previously obtained expert opinion from the Center for Social Affairs.
The Center for Social Affairs has the role of an expert body that, through a team of social workers, psychologists, pedagogues and lawyers, assesses the family situation, parental capacities and the needs of the child. Their opinion has a lot of weight in the court decision.
Does the court respect the agreement between the parents?
In most cases, parents manage to reach a mutual agreement on who the children will live with after the divorce. If there is such an agreement, it is usually respected by the Center for Social Affairs and the court.
However, it is important to emphasize that no agreement is absolutely binding if the expert authorities and the court judge that it is contrary to the best interests of the child. Although such situations are rare, they are possible when there are serious risks for the child.
What if the parents can't agree?
When there is a custody dispute between the parents, the court procedure becomes longer and more complex. In such cases, the court and the Center for Social Affairs conduct a detailed and comprehensive assessment of all relevant circumstances.
The goal is not to "reward" one parent or "punish" the other, but to determine which environment will provide the most stable, safest, and healthiest development for the child.
What factors are considered in custody decisions?
When deciding, the court and the Center for Social Affairs evaluate the following key factors:
- age, health status and developmental needs of the child;
- emotional connection and quality of relationship between the child and each parent;
- ability of parents to provide a stable and safe environment;
- housing conditions, financial stability and work engagement;
- existence of history of domestic violence, neglect or abuse;
- the opinion and wishes of the child, if the age and maturity allows that.
How important is the best interest of the child?
The principle of the best interest of the child is a central principle in both Macedonian law and the Convention on the Rights of the Child. This means that all decisions concerning the child must primarily protect his physical, psychological and emotional development.
The case law clearly shows that the formal arguments of the parents are secondary to the real needs and well-being of the child.
Does the child have the right to express his opinion?
Yes. The child has the right to express his opinion in all proceedings concerning him, according to Article 12 of the Convention on the Rights of the Child. This right applies when the child is mature enough to understand the situation and the consequences.
The child's opinion is not the only factor, but it is an important element in the overall assessment.
What is the role of the Center for Social Affairs?
The Center for Social Affairs acts according to strictly established standards and principles. His task is to assess the condition of the child, the parents and the family environment through expert-methodological work.
The work of the Center is based on a holistic approach, multidisciplinary analysis and active involvement of the child and parents in the procedure.
What does the judicial practice in Macedonia show?
The case law, including the decisions of the Courts of Appeal, shows that the courts consistently apply the principle of the best interests of the child.
Decisions are explained in detail, reference is made to the Family Law and international conventions, and special attention is paid to the opinion of the child and expert reports from the Center for Social Affairs.
Can the guardianship decision be changed later?
Yes. The law allows modification of the custody decision if the circumstances change. There is no time limit, but the court always evaluates whether the new conditions better protect the interests of the child.
And in these procedures, an opinion must be obtained from the Center for Social Affairs.
Why is the conciliation approach best for the child?
Although the legal process offers solutions, the best outcome for the child is always when the parents reach an agreement. A conciliatory approach reduces emotional damage, conflict and stress in the child.
The more parents cooperate, the more likely the child will maintain a healthy relationship with both parents and grow up in a stable environment.
The question of who gets the children in a divorce does not have a simple and universal answer. Each situation is evaluated individually, with a single goal – protecting the best interests of the child.
Parents should keep in mind that custody is not a win or a loss, but a responsibility. The child has the right to both parents, to stability, love and security, regardless of the outcome of the marriage union.
