THE BASIS FOR CHANGING THE MAINTENANCE (ASSISTANCE) MEASURE FOR CHILDREN – THE CASE OF SEPARATION OF PARENTS IN THE REPUBLIC OF KOSOVO

Abstract

As a legal cohabitation, marriage is based on moral and legal equality of spouses, feeling of love, respect and mutual understanding, as the basis of unity in the family. Marriage and family enjoy the state’s special protection. In this respect, parents, competent bodies and courts, in their decisions and activities, should have, as their primary consideration, the highest interest of the child. The duty and the right of parents is to care for the upbringing, development, welfare, education and schooling of children born in wedlock or out of wedlock. The state and society should provide the necessary support to families to keep their children close, to prevent mistreatment and abandonment, as well as to maintain the stability of the family. In this respect, there is parental responsibility including the totality of rights and duties aiming to ensure emotional, social and material welfare of the child, caring for the child, maintaining personal relationship with the child, providing the child with upbringing, education, schooling, legal representation and administration of his/her assets. This form of responsibility is valid even when there is dissolution of marriage; the responsibility is to assist children until they reach the age of majority. These forms of imposing assistance measures are legal components, determined and taken by court decisions.