The Pros And Cons Of Child Rearing

Introduction

Cross-border and international relationships at personal level are on the rise today because of global nature of the society. This has resulted in more and more international marriages. But with difference in culture, religion, background and traditions, international marriages are subject to actual pressure with respect to maintaining the same. This resulting pressure will become more prominent when in international marriages children are involved. Disputes may arise regarding methods of child rearing or with role of in-laws, education and moving to a particular country (which may be home country for either of the parent). The international family law is expanding fast with rise to conflict and litigation at international level.

The definition of the concept of child custody runs as “the care, control, and maintenance of a child, which a court may award to one of the parents following a divorce or separation proceeding.” During separation, marriage annulment or divorce proceedings the issue of child custody is raised in family courts to define legal guardianship of child/children if under the age of eighteen, with the decision based on best interests of the children in question. The option most preferred is of shared legal custody with one parent awarded the physical custody. Legal custody allows either parent to make decisions regarding the welfare of the child which include matters such as insurance claims, medical treatments etc. and is shared by both the parents until the child reaches the age of eighteen. Physical custody allows the awarded parent to live with the child and is legally held responsible for fulfilling of the child’s basic needs, with the non-custodial parent granted visitation rights in most cases. The physical child custody is granted to the parent who in court’s opinion is more financially secure and is apt to provide a proper environment for the

The court retains power during and after trials and proceedings and holds the power to suspend, change or revoke the orders it passed earlier. It retains jurisdiction even after passing a decree in the main proceeding and can pass orders with respect to maintenance, education of children and custody. However, the court can exercise jurisdiction over children only if it has jurisdiction in the main petition. If matrimonial proceedings are dismissed by the court, the proceedings of child custody are also dismissed.

Custody battles ensue for various time periods and prove to be difficult in prolonged durations. It becomes even more difficult when it has international aspects to it – for example when it involves wrongful removal of a child from his/her home country or retaining of a child in a foreign country without the consent of the other parent. With involvement of more than one country, the applicability of laws for custody purposes becomes a legal quagmire, especially when one law overwrites the