Child custody is the most crucial issues in a family law disputes in Indonesia. It involves emotional and psicological matters that can affect the child well-being and future. The way I see it, the children must stick to you, and they must stay in a very safe environment: your house. Nevertheless, things don't go the way we expect. This is why I write about child custody. When things get rough, you should the one who gets tough, for the sake of the children. If you’re suffering from the situation, can you imagine how they feel about it? It’s a living hell!
You know what will happen to your children according to the laws in Indonesia in the event your marriage dissolved by divorce? We have a very specific laws about it. It's Article 29 of Law number 23 of 2002 as amended by Law Number 35 of 2014 regarding the Children Protection Law. They will have your children to choose who she/he will physically live with, or so ordered by the court, to be brought-up by one of the two parents. This is the legal reality in Indonesia. They want your children to choose. It's their call, if you get divorce. Do you think they are fit to make a choice? The choice that will determine their life forever? The law-makers in Indonesia had to do this because parents fight about child custody. They use the children to hurt the other parent for getting what they want. Parental child abduction, limited access to the children, among others, are issues that often rise during the family disputes
I have seen two parents fighting over child custody in Indonesia. They took the case all the way to the Supreme Court. You know what, it's hard not to let your ego takes the control. So you want it for yourself. You leave it to the judges to decide. They must do it because they have to do it. Just because it’s their job, doesn’t mean it’s easy for them. Even for the judges and the law-makers in our parliament. It's killing them, as well as it's killing the two of you too. So, that's why they leave it to your child who she/he will physically leave with it. You know what? It's killing the children too to choose between mom and dad. My next question to you is, do you love your children? This is the reason why I write about child custody. Because I love my children, as much as you love your children. You might want to start thinking not to do this to the children. By not making them choose between either of you, their parents.
Our thanks to Asep Wijaya, Managing Director of Wijaya & Company for his contribution of this article.
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