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Involving Child Over 7 In Divorce Proceedings

Divorce Lawyers 13/01/2024

Divorce is a complex and emotionally charged process that affects not only the couple involved but also children. In Vietnamese society, family values are highly regarded, and divorce is generally considered a sensitive matter. However, as per Vietnamese law, involving a child over 7 years old in the divorce proceedings is a unique approach aimed at ensuring the childs voice is heard in legal matters that impact life. This article, Apolo Lawyers (+84) 903.419.479) will explores the legal steps and requirements that couples must follow to ensure a smooth and lawful union.

Involving Child Over 7 In Divorce Proceedings

Divorce is a complex and emotionally charged process that affects not only the couple involved but also  children. In Vietnamese society, family values are highly regarded, and divorce is generally considered a sensitive matter. However, as per Vietnamese law, involving a child over 7 years old in the divorce proceedings is a unique approach aimed at ensuring the childs voice is heard in legal matters that impact  life. This article, Apolo Lawyers (+84) 903.419.479) will explores the legal steps and requirements that couples must follow to ensure a smooth and lawful union.

1. Vietnamese Law and Child Involvement in Divorce:

Under Vietnamese law, specifically Article 60 of the Law on Marriage and Family 2014, children aged 7 or older have the right to express  opinions on issues related to  parents divorce. This legal provision recognizes the childs evolving capacity to understand and articulate  feelings, fostering a more inclusive and child-centric divorce process.

Involving Child Over 7 In Divorce Proceedings

1.1. Recognition of Childrens Rights:

Vietnamese law recognizes that children have rights distinct from those of  parents. Article 60 explicitly acknowledges the right of children over 7 years old to express  opinions on matters related to  parents divorce. This recognition reflects an understanding of the evolving capacities of children to comprehend and contribute meaningfully to decisions that directly impact  lives.

1.2. Child-Centric Approach:

The inclusion of children in divorce proceedings aligns with a global shift toward a more child-centric approach to family law. It emphasizes the importance of considering the childs well-being and perspectives, moving away from a purely paternalistic model where decisions are made on behalf of the child without  active involvement.

Involving Child Over 7 In Divorce Proceedings

1.3. Balancing Parental Autonomy and Child Participation:

While acknowledging the childs right to express  opinions, Vietnamese law also emphasizes the need to balance parental autonomy with the childs involvement. The goal is to create a legal framework that respects the parents decision-making authority while ensuring the childs voice is taken into account in matters such as custody arrangements and visitation rights.

1.4. Creating Supportive Environments:

Parents are encouraged to foster supportive environments for  children during divorce proceedings. This involves effective communication, providing age-appropriate information about the situation, and reassuring the child that  feelings and opinions are valued. Such efforts contribute to minimizing the potential emotional impact of divorce on the child.

1.5. Legal Implications and Professional Guidance:

Seeking legal guidance becomes crucial for parents navigating divorce in Vietnam, especially when involving children. Legal professionals specializing in family law can provide insights into the specific requirements of Article 60, ensuring that the childs participation aligns with legal standards. Moreover, legal experts can facilitate communication between parents and children in a manner that prioritizes the childs well-being.

2. Child-Centric Approach to Legal Decisions:

Involving a child over 7 in divorce proceedings reflects a growing global trend towards recognizing children as stakeholders in family matters. This child-centric approach encourages parents and legal authorities to consider the childs perspective, emphasizing  emotional well-being and minimizing the potential negative impact of divorce on  lives.

3. Ensuring a Supportive Environment for the Child:

When contemplating divorce, it is essential for parents to create a supportive environment that encourages open communication with  child. This involves explaining the situation in an age-appropriate manner, reassuring the child that  well-being is a priority, and expressing the importance of  opinions in the decision-making process.

3.1. Open and Honest Communication: Establishing open and honest communication with the child is foundational. Parents should explain the situation in age-appropriate language, addressing the reasons for the divorce without placing blame. Encouraging the child to ask questions and express  feelings helps build trust and understanding.

3.2. Reassurance and Emotional Stability: Divorce can be unsettling for a child, and reassurance from both parents is crucial. Emphasize that the love and support from each parent will continue, regardless of changes in living arrangements. Providing emotional stability helps the child navigate the transition with a sense of security.

3.3. Avoiding Conflict in Front of the Child: Parents should strive to minimize conflict and avoid confrontations in the presence of the child. Witnessing parental discord can be distressing for a child, and creating a calm and amicable atmosphere during interactions contributes to a supportive environment.

3.4. Understanding the Childs Perspective: Recognizing and validating the childs feelings and concerns is essential. Parents should actively listen to the child, acknowledging  emotions and providing assurance that  opinions and experiences are valued. Understanding the childs perspective fosters a sense of inclusion and support.

3.5. Maintaining Consistency and Routine: Amidst the changes brought about by divorce, maintaining consistency and routine is crucial for the childs sense of stability. Parents should work together to establish a consistent schedule for visitation, school, and other activities, providing a familiar and predictable environment for the child.

3.6. Professional Support Services: Accessing professional support services, such as family counseling or therapy, can be beneficial for both the child and parents. Counseling provides a safe space for the child to express  emotions and for parents to navigate the complexities of co-parenting. It can also help in developing coping strategies for the entire family.

3.7. Encouraging Positive Relationships: Encourage positive relationships between the child and both parents. Facilitate regular communication and visitation, emphasizing the importance of maintaining a healthy parent-child relationship even after the divorce. This approach helps the child feel connected to both parents and reduces feelings of alienation.

3.8. Legal Guidance for Child-Centric Decisions: Seek legal guidance to ensure that decisions regarding custody, visitation, and other matters align with the best interests of the child. Legal professionals with expertise in family law can provide insights into child-centric approaches, ensuring that the legal process is conducted with sensitivity to the childs needs.

3.9. Educational and Extracurricular Support: Support the childs educational and extracurricular activities. Stay actively involved in  schooling and hobbies, attending events or parent-teacher meetings together when possible. This involvement reinforces the message that both parents remain committed to the childs growth and development.

3.10. Regular Check-Ins and Adaptability: Regularly check in with the child to gauge  emotional well-being and address any concerns that may arise. Additionally, be adaptable to the childs evolving needs. As they grow and experience different stages, adjustments to custody arrangements or communication strategies may be necessary.

Involving Child Over 7 In Divorce Proceedings

4. Facilitating Communication:

Vietnamese law promotes the notion of meaningful participation by the child in divorce proceedings. Parents are encouraged to facilitate a conducive atmosphere for  child to express  feelings, concerns, and preferences. This could be done through family counseling, mediation, or in the presence of a legal professional trained in handling child-related matters.

5. Legal Guidance for Parents:

Seeking legal advice is crucial when navigating the complexities of divorce, especially when involving a child over 7. Legal professionals specializing in family law can provide guidance on how to approach discussions with the child, ensuring compliance with Vietnamese law while safeguarding the childs interests.

For further information, please contact us via email at contact@apolo.com.vn or Hotline: (+84) 903.419.479

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