DJN Blogs

Geethika Yanamadala, Symbiosis Law School, Noida
Date: 15.09.2022
IMPACT OF DIVORCE ON CHILDREN- A SOCIO LEGAL STUDY
Abstract:
The topic of
“Divorce and its Impact on Children” is examined here. The
fact that divorce has been a regular occurrence throughout human history is
noteworthy. Any Couple of any social, religious, academic,
political, economic, or other position, experience it. Children born into
marriages where divorce has occurred are one of the most impacted parties in
the divorce process. Most parents who decide to become divorced do not give
much thought to how their decision may affect their children. This becomes the
responsibility of this Research paper, which will examine these consequences on
children. Normally also the decision of splitting up is not an easy process but
the most affect parties will always be the kids. Children’s repercussions of divorce are frequently
profound. Children are particularly impacted by divorce since it happens during
their early years. Their perception of themselves and of society is shaped by
what they witness and experience throughout the failed marriage. We will know
here how the kids are the most impacted and in what way they are impacted.
Keywords:
Divorce,
Impact on Children, Economic, Failed Marriage, Consequences, Long-term.
Introduction:
In
this research, the painful experiences of children of divorced parents are evaluated.
Kid’s anguish is first painful because they witness the family breaking apart
and feel exposed. Any divorce tears a kid emotionally and mentally, which
compromises the child’s wellness. However, long-term effects are controlled by
parental conduct, which influences whether children going through divorce will
adjust well. Divorce has a significant effect on parent-child relationships.
Children’s contact with non-custodial parents, who are mostly dads, tends to be
less frequent and of lower quality, and there are indicators of stress in their
relationship with the custodial parent, who is typically the mother. The necessity for
a detailed explanation of children ‘s interests in the modern setting and how
they must be addressed in a separation process is also brought on by divorce.
Regardless of age or maturity, divorce is a very upsetting event for all
children. Family provides protection in the event of divorce in today’s
society, where the Indian society is seen as the first line of defence. Let’s now
take a look at what it’s like for kids to live in a home when their parents are
divorcing.
Problems of
Adjustment:
Particularly
when they are in primary or nursery school, the children will be asked by their
friends why they only have one single parent. They will have to get used to
having different close relationships and maybe having less interaction with one
of their families (mostly the father). In addition to this, “they must
deal with family conflict, which may persist after the separation, and with
attempts by each parent to acquire the child’s allegiance and affection at the
expense of the other parent.” [1]
So it
shouldn’t be a wonder that children of divorced parents are more likely to
suffer anxiety and depression. People who experienced their parents’ divorce while
they were young people often find the event to be traumatic and demoralising,
and they struggle to come to terms with the breakdown of their parent’s
marriage.
Emotional Toll of
Divorce:
Although
divorce affects the entire family emotionally, children may find it
particularly scary, baffling, and distressing. Youngsters frequently find
it difficult to comprehend why they must go between two places. They can be
concerned that if their parents can grow apart, then perhaps one day they too
would lose love for them. Children in elementary school may think that
they are to blame for the divorce. They could think they acted inappropriately
or fear that they did. Teenagers may become quite enraged over a divorce and
the resulting adjustments. They could hold one parent responsible for the
breakdown of the marriage, or they might hold one or both parents responsible
for the turmoil in the household. Of course, every circumstance is
different. In extreme cases, if a divorce results in fewer fights and less
stress, a kid may feel relieved by the breakup.
Parental loss:
The
child will inevitably lose touch with one of the parents in a divorce,
sometimes as a result of the legal process. This is detrimental to the growth
of the youngster. The youngsters’ occasional feelings of loneliness may hinder
their capacity to interact socially with other kids. They can believe that the
other parent doesn’t care about them since they don’t fully comprehend the
situation. The absence of sufficient instruction from both parents may also put
the child’s conduct in danger.[2]
Long-Term Effect
on the Conduct:
Kid’s
repercussions of divorce are frequently severe. Children are particularly
impacted by divorce since it happens during their early years. Their perception
of themselves and of society is shaped by what they witness and experience
throughout the failed marriage. Even if the study’s findings are, in some
respects, disconcerting, a properly rebuilt family or a successful remarriage
may improve both the standard of living for kids and adults. The divorce could
put an end to the marital strife and let the kids keep their bonds with both
parents. Divorce may also be helpful in separating a child from a troubled
parent. Children may exhibit faster maturation and individuality in these
circumstances. A
philosophy that places a great priority on maintaining relationships as well as
on love, faithfulness, and compassion may also be brought to early adulthood by
them. The results of a research suggest that youngsters are more susceptible
when they have frequent and continuing interaction with both parents who are
unfriendly and obstructive with one another, and that children are particularly
adversely affected by persistent conflict between divorced parents. It might not be
the wisest step of the process to demand joint legal custody and frequent
visits in these situations. But in the other end, children who live in often
turbulent and tense families exhibit a wide range of personal defense
strategies and levels of resilience.
Money – related
considerations:
In
post-divorce homes, a problem with money or a lack of it exists. To begin with,
over 35% of single – mother families are poor. The unpaid child support and
lack of financial assistance puts a lot of stress on the custodial parent. Contrarily,
having money makes it easier to take advantage of good possibilities and less
likely that bad things would happen, such having trouble getting about or being
seriously ill without access to proper medical care. Although money is
frequently overstated in relation to other characteristics, studies have
emphasized that wealth might be interpreted as a symptom of a parent’s
irresponsibility Some
could consider the claim that children’s happy memories are unrelated to
financial means to be “idealistic.”[3]
Possible
Repercussions for Children of Divorce:
The
implications for the child may vary depending on their age and the specifics of
their parent’s divorce. The increased possibility of mental illness.
Divorced parents are more likely to have children who suffer from anxiety,
depression, or other mental illnesses. Growing up presents numerous
difficulties for children, and in most situations, the divorce of their parents
only makes things worse. Next is the increased likelihood of behavioural issues
emerging. Children who are raised in intact households (with both parents
present) are less prone to act impulsively or violently. Children who have
divorced parents also struggle more to interact with their classmates. And then Potential
drop-in classes. It takes a lot of attention to perform well in class.
Keeping your attention through your parents’ divorce might be challenging.
These children frequently have academic difficulties. And lastly increased
likelihood of addiction development. Children of divorce are more likely to
start using drugs while they are young. It frequently leads to a serious
addiction. [4]
Custody Related
Laws and Issues:
The
Guardians and Wards Act, which codifies and changes the legislation pertaining
to guardians and wards, was passed in 1890, making child custody law one of the
earliest laws to be defined. The Guardians and Wards Act, 1890 is a secular law
that governs guardianship in all groups other than Hindu and Muslim societies.
It makes it very apparent that the father’s right is paramount. The definition
of “guardian” in the Guardians and Wards Act of 1890 is identical to
that in the Hindu Minority and Guardianship Act of 1956. Christian parents can
agree on custody arrangements for their children under the Divorce Act of 2000.
The custody of children is governed under Section 43 of the Parsi Marriage and
Divorce Act, 1936, which applies to Parsis. Child custody can now be awarded to any
parent, according to these established
legislations. Researchers have shown that children raised by parents of the
opposite gender may perform worse sociologically than children raised by boys
and girls raised by moms. The quality of the parent-child connection, as
opposed to the child’s gender, has a greater impact on how well children adjust
to divorce than does the child’s gender.[5]
Effects of the
Spouse’s Remarrying:
When
the Supreme Court ruled in Lekha v. P. Anil Kumar [6]that
the mother’s remarriage cannot be used as a reason to deny her custody of the
child, the problem of what would happen if a spouse remarried was finally
settled. Similar to this, a father’s marriage is not a reason to deny him the
right to custody of his children.
How to Prevent
Long-Term Psychological Effects of Divorce on Children:
A
distressing situation like a parent’s divorce might unknowingly cause a kid to
bear the weight for the rest of their life. People who went through
similar experiences with their parents typically work hard to prevent doing the
same thing with their children. Children should not be placed in the centre.
Being a parent implies that they should put their children
before their spouse and avoid competing with them throughout the divorce.
The child will only experience trauma if you do this. Make no attempt to
convince your child that you love them more than your spouse or strive to be a
“better parent” than them. . Using your child as a liaison between
you and your spouse is likewise improper. Your youngster can become traumatised
by this conduct, which might later lead to anxiety and melancholy. Next is Co-parenting
.Parental arguments and constant shouting won’t be beneficial for the
youngster. Try to come to an agreement with the spouse and establish a
respectful line of communication. Protect the youngster from seeing
any disagreements, even if you have them. Consistency is key in the
discipline. Regarding their child’s discipline, both parents should work
together. It’s typical for many parents to let kids act anyway they choose in
order to make up for the other parent’s absence. Discipline that is applied
consistently may lessen the likelihood that the youngster may eventually engage
in criminal activity. Give
your youngster more time. A youngster may experience a lot of confusion if
their parents are divorced. Explain the situation and assure the youngster that
you and your spouse’s behaviour won’t change. Your youngster will avoid
overthinking and be able to perceive things for what they are if they are aware
of the truth. Assist your kids in handling the circumstance. It is the
responsibility of the parent to teach their children how to deal with the
emotions that divorce might bring about[7].
Conclusion:
It’s
crucial to keep in mind that kids may face trauma from their parents’
separation or divorce. However, it does not always follow that it will. In some
situations, especially if the parents relationship has always been problematic,
a divorce may be advantageous. It’s important to give them your total focus
during the divorce and all the necessary explanations. Every child deserves to
have both parents provide for their needs. The development of the children is
negatively impacted by parental separation. It has an impact on their capacity
to interact socially with new people and their family, which has an impact on
both their academic and athletic performance. The children will have to forgo
some essentials and recreational opportunities if they rely solely on one
income. The stress of a divorce might hinder the children’s natural growth.
Their tendency to relate everything that happens to them will undermine their
self-worth and have an adverse effect on their future relationships. Therefore,
consider the implications for the children before approving the divorce choice.
[1] Ubong Eyo, Divorce:
Causes and Effects on Children, 6 Asian Journal of Humanities and Social
Studies 175 (2018).
[2] Psychological
and Legal Impacts: 5 Ways Divorce Affects Children,
Kath’s Blog (Aug. 28, 2018), livelovesmall.com/psychological-and-legal-impacts-5-ways-divorce-affects-children/.
[3] Vijender Kumar, Impact of Divorce on Children : A
Socioeconomic and Legal Study, 6 Nalsar Law Review 126 (2011).
[4] Natalie
Maximets, The Long Term Psychological Effects of Divorce on Children,
Mediate.com (July 30, 2021),
www.mediate.com/the-long-term-psychological-effects-of-divorce-on-children/.
[5] Kumar V. Jahgirdar v. Chethana
Ramatheertha AIR 2004 SC 1525
[6] Lekha v. P. Anil Kumar, (2006).
[7] Amy
Morin, The Phsycological Effects of Divorce on Children, (May 30,
2017), www.verywellfamily.com/psychological-effects-of-divorce-on-kids-4140170.
Recent Comments