The Concept Of Joint Custody Parenting Following Divorce As A Preventative Measure Against Parental Child Abduction: A ‘Best Interests Of The Child’ Perspective

Court rulings on child custody that do not meet the expectations of one of the parents often lead to the phenomenon of parental child abduction. Parental child abduction has negative emotional and psychological consequences for the child. This study aims to analyse the concept of joint custody parenting in post-divorce child-rearing as a preventive measure against parental child abduction, based on the principle of the best interests of the child. This is a normative study employing an interdisciplinary approach comprising legal, case-based and conceptual perspectives. The findings indicate that the application of the concept of joint custody can support the fulfilment of children’s rights, both financially and emotionally; furthermore, parental child abduction is often caused by a parent who has not been granted custody, or by a desire to gain an advantage from the child or to seek revenge on their former partner. The principle of the best interests of the child treats children not as objects of parental or court decisions, but as legal subjects entitled to protection, affection and an environment that supports their optimal growth and development; this can be realised through the concept of joint custody as a preventive measure against parental child abduction, which is relevant to the need to reform the child care system in Indonesia based on the best interests of the child.