This provision, as pointed out by Minister of Justice, Zoran Pazin, will have to be respected, because it contributes to a stable society, writes Pobjeda daily.
“There is no doubt that without a healthy and stable family, there is no healthy and stable society”, he said.
Children’s rights will be regulated differently in divorce proceedings as well, because, as said at the meeting, procedural and legal position of the child in court proceedings has not been treated adequately. The minister stressed the practice shows that children in divorce proceedings were victims of their parents’ conflicts.
“We offered a solution to this problem, and it implies introducing of a person for psychological, social, and legal support to children in a situation where conflicting interests of parents are detrimental to children. It is important to introduce these professional services into courts, because they sometimes do not have the expertise to assess what is in the best interest of a child”, said Pazin.
Thus, the law provides that a child who has reached the age of 10 years may express an opinion before the court, in the presence of a person for support, meaning the person the child chooses, if such a person hasn’t been provided already.
Commenting on the provision, Maja Raičević from the Centre for the protection of women said that it could be useful, but is afraid that Montenegro does not have personnel adequately skilled to provide such service.
Objections to the Ministry of Justice came the Human Rights Action and the Safe house for Women, who wanted to know why amendments to the law did not tackle the formation of an alimony fund which would be used to pay alimonies which in Montenegro, as they pointed out, 80 percent of parents does not pay.
“We are ready to launch a petition and push this thing”, said executive director of the Women’s Safe House, Ljiljana Raicevic.
Miroslava Ivanovic of the Association of Youth with Disabilities pointed out to the authorities that the draft family law discriminates against persons with disabilities. She said that people with disabilities are discriminated most often due to intellectual disability.
The suggestions and criticisms of the NGO sector will be taken into account, said Nevena Petrusic, a consultant of UNICEF and member of the working group for amendments to the Family Code, adding that the law cannot solve all at once.
“In many areas, the problem is not the law, but its application. It costs nothing to change the law”, said Petrusic.
The Ministry of Justice stated that changes to the law do not imply conceptual changes of the Code, and that the new family law will be made in 2017.
