Marriage Dissolution and its Effects on Children: A Legal View

Abstract

This study analyzes the impact of divorce on parental responsibilities, focusing on the legal, psychological, and social consequences for children. While the dissolution of a marriage does not change the fundamental responsibilities of parents toward their children, it does alter how these duties are carried out, directly influencing the children's well-being. This research is grounded in the Family Code of the Republic of Albania, Article 154, as well as international agreements like the Convention on the Rights of the Child, which form part of the Albanian legal framework. The methodology includes a review of Albanian legislation, international conventions, and an analysis of court decisions regarding children's rights in divorce cases. Additionally, the psychological impact of divorce on children is assessed, highlighting that different age groups exhibit varying behaviors, such as increased aggression and difficulties in social integration. The findings show that while the Albanian legal framework and ratified conventions safeguard children's rights during parental separation, there are shortcomings in how these rights are enforced by judges and lawyers. The best interests of the child are not consistently reflected in judicial practices, and informal separations based on customary codes continue to be widespread. The study recommends improving the enforcement of legal standards and integrating psychological support for children to address the emotional impact of divorce and ensure the full protection of their rights.

Received: 2 August 2024 / Accepted: 25 October 2024 / Published: 3 December 2024