Latest information on Child Custody in South Korea
If a couple with minor children intends to get a divorce, it is crucial to consider the child’s best interest. In this case, according to Articles 837, 843, and 909 of the Civil Act, the divorcing parents must consult on the following matters.
If the divorce claim is accepted, the court recommends discussing these issues in court, as outlined in Article 25 of the Domestic Relations Act.
Therefore, the parties with minor children must consult on the following matters according to the court’s recommendation.
The Korean Family Court offers guidance for individuals seeking advice on divorce matters and the care of minor children.
Key Areas of Consultation offered by Korean Family Court
Korean Family Court provides guidance on the following matters:
- Parental Designation
Divorcing parents must agree on who will take on the responsibility of being the primary caregiver and legal guardian for their children. The decision should focus on ensuring the child’s emotional and physical well-being.
- Visitation Arrangements
Discussions on visitation rights must take place. Both parties must agree on a schedule that ensures regular and meaningful interaction with the children.
- Child Support Responsibilities
Korean Family Court offers support on how childcare expenses will be divided between the divorcing parents, ensuring that both parties contribute to the child’s financial well-being.
By providing these areas of consultation, the Koeran Family Court ensures that the welfare of minor children is being protected.
It also implements “Child Custody Guidance” for parties with minor children to help them grow up healthily without any negative effects on their mental and physical well-being during divorce proceedings.
Therefore, divorcing parents with minor children are strongly advised to participate in the Child Custody Guidance.
Failure to participate may be considered unfavorable when designating a parent or guardian.
Important Notes
- In the case of a divorce in court, you need to attend only once before the next hearing date or domestic affairs investigation date
- A reservation is not required, as it is a group training
- You can attend it on a different date from the other party
- Participants will receive a “Child-Rearing Guidance Participation Confirmation” after completing the session
- Latecomers will not be admitted after the session starts at 10 AM
- Foreign Language Support: Non-Korean speakers should bring an interpreter to help them fully understand the content(In the past, foreign parties were often exempted from training, or they were allowed to complete the training online and only submit a certificate, as all the materials were in Korean. However, now they are required to bring an interpreter and attend court in person, which has introduced an added inconvenience.
Overview
The Child Custody Guidance serves as an essential resource for divorcing parents with minor children. It ensures that decisions are made in the best interest of the child, fostering a healthy and supportive environment for their growth and development.
If there are any changes, we will update our website with a separate article.
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Please see our other blog posts for more useful tips and articles on divorces in South Korea and much more.
