By Lee Kyung-min
Minors who are sexually or physically abused at home will be allowed to file for a court injunction to deprive their parents of their rights, the Supreme Court said Sunday.
Currently, minors may only apply for court protection from abusive parents through a legal representative.
The new measure is a part of the court’s efforts to better protect minors, said officials.
This will be included in a bill containing a revision to the Family Litigation Law, which will be submitted to the National Assembly later this year. If passed, it will be the first revision to this law in 24 years.
Under the revision bill, children suffering sexual or physical abuse can seek immediate legal protection. Courts will not only accept their injunction but also appoint a legal guardian, who can best represent them, said the officials.
Financial provisions for children will be strengthened as well.
Any divorced parents not providing court-ordered child support for more than 30 days without due reasons accepted by the court are subject to fines of up to one million won or a detention of up to 20 days.
Further, failure to comply with such a court order might result in additional fines and seizure of property.
The family court will also hear children’s testimony more in divorces, too.
The court will require all children to testify in court to tell their side of the story with attention equal to that given to their parents, thereby respecting their views.
When parents disagree over custody of a child, a court can appoint a mediator to manage the conflict, reducing the child’s stress from being the “in-between.”
“Usually children suffer the most from their parents fighting, especially if the fight is over them. It is difficult for them to take one side because they love both parents. Pressure in such cases could be the main trauma that could develop long into their adulthood,” said a family court judge.
“So far, family courts have dealt mostly about the conflict between the two adults, husband and wife. Children were considered only as someone who the parents invoke their rights over. We thought that this notion has to change,” the judge added.
“Also, abuse of children has long been pointed out as a problem that requires a prompt solution. Instead of putting up with it or choosing to be silent about it, they can now get legal help,” the judge added.
“Our court hopes this set of measures will help children in need,” he concluded.