In Hungary, the number of marriages and civil partnership break-ups has been on the rise for a long time, and there are many reasons and circumstances that can lead to a crisis in family ties. In proceedings for the dissolution of a marriage which has broken down completely and irretrievably, where there is a child born during the marriage who is still a minor, one of the most important tasks of the court is to determine the fate of the child. The court must always have the best interests of the child at heart, but there are questions about how this very important interest is actually reflected in court practice. In many cases, the extent of the right of access decided by the court is disproportionate and unfair to one of the parents, and therefore to the child. As a result, the separating parent is, if not formally, deprived of his or her rights in practice, and is unable to participate in the child’s life to the extent and in the manner that would be in the best interests of the child’s healthy physical, psychological and spiritual development. In many countries, the main rule for the judicial settlement of parental custody is joint custody, which means that the court must give priority to the possibility of shared care. One of the main benefits and consequences of this approach is that the child will have the opportunity to receive positive role models from both parents – mother and father – in similar amounts and for similar periods of time. Another important aspect is that it prevents the generally unacceptable but common phenomenon of a relationship of subordination and superiority between the parent and the separated parents, which can exacerbate an already existing crisis. In this case, it is possible for parents to raise their children in a co-parenting and cooperative relationship, and for their children to develop a similar deep and loving bond, not only with one parent but with both, which is essential for their physical, emotional and spiritual development. In many cases, the only escape route for a child without positive parental role models is the digital space of his or her family in crisis – away from his or her parents – whose uncontrolled influence can have a number of negative effects. In some cases, it can lead to personality distortion, deviance, the adoption of false moral standards and even lead the vulnerable child down the path of criminality. Today, the level of vulnerability of children in the online space has reached a level that requires extreme attention, a strong sense of responsibility and continuous good examples from both parents and the child’s environment, from a very young age. In order to protect our children from the dangers outlined in the study, a calm, exemplary and predictable family and parental environment free of deviance should be established in all cases. The study explores the connections between the crisis within the family, the dangers of online space and cybercrime, which have a major impact on children’s personal development, their life trajectories and their future. The research aims to explore how family tensions, such as divorce and parental alienation, increase children’s vulnerability in the online space, and how deviant behaviours in the digital sphere contribute to socialisation problems and possible delinquency among children. The study focuses on understanding the impact of the digital environment and the role of family dynamics, while analysing the effectiveness of existing legal frameworks, with a particular focus on instruments to protect children. The analysis aims to contribute to a more effective cooperation between family law and criminal law for the protection of children. The study adopts a multidisciplinary approach, drawing on Hungarian academic literature and international sources. The research explores the links between family crises and children’s vulnerability in the digital space. It also requires a legal, sociological and psychological perspective to address the multifaceted challenges of child protection.
István Hottó (Mon,) studied this question.