The family constitutes the fundamental environment for a child’s development, shaping their social integration, emotional regulation, self-esteem, motivation and the formation of self-identity (Bronfenbrenner, 1979). Addressing a child’s psychological needs—such as attachment, emotional security and the promotion of autonomy—falls within the scope of parental responsibility (Bowlby, 1988). However, in many countries, this responsibility is not solely governed by cultural practices but is also subject to legal regulation aimed at protecting the best interests of the child at a systemic level. In such contexts, the state is obligated not only to protect vulnerable groups, including children, but also to provide adequate social support systems, services and legal safeguards (Kokoszkiewicz, 2018).
In Georgia, recent legislative reforms, including the adoption of the Code on the Rights of the Child in 2020, have formally established a legal framework for the protection of children (UNICEF, 2021a,b). Nevertheless, UNICEF (2021a,b) reports that many parents in Georgia are unable to provide sufficient psychological and emotional support to their children, and that parental responsibility is predominantly perceived through a material lens. Furthermore, the Public Defender’s Office (2023) highlights that children’s psychological needs are rarely taken into account within the justice system.
This disjunction between formally codified legal standards and the psychological realities of child development creates a systemic barrier to the holistic development of the child (Freeman, 2007). The absence of clearly defined methodological standards for child support (alimony), combined with the frequent disregard for the child’s opinion in judicial proceedings, represents a violation of the standards set by the UN Convention on the Rights of the Child (Vanaga, 2018). The existing dissonance between legislation and practice in Georgia indicates that the legal integration of children’s psychological needs remains fragmented and unsystematic. This gap poses a real threat to the child’s wellbeing and undermines the effective protection of their best interests. Despite the existence of a formal legal framework, children’s emotional and developmental needs remain largely unaddressed in legal terms.
This study aims to analyse how legal obligations of parents are formulated in Georgia and to what extent they align with the psychological needs of the child. Furthermore, the research aims to explore how this issue is systematically integrated in countries that have successfully provided multidimensional legal support for child development. The specific objectives of the study are to:
analyse the psychosocial and legal structure of the parent–child relationship in the context of children’s rights protection;
evaluate whether parental legal obligations correspond to the child’s developmental stages and emotional needs; and
compare Georgia’s legal framework with models from countries where the principle of the best interests of the child is implemented effectively, both legally and practically.
This study employs content analysis based on a combination of doctrinal legal analysis and the integration of theoretical frameworks.
In the first stage, the foundational non-legal aspects of the parent–child relationship were explored through psychological theories. The key developmental stages and needs of the child in relation to parental interaction were identified. These theories were used to demonstrate why the psychological evaluation of parental behaviour and relationship patterns is essential.
Subsequently, a legal analysis was conducted to examine the regulation of parent–child relationships in Georgian legislation, particularly within the Civil Code of Georgia, along with a review of existing challenges in its application.
Finally, comparative legal analysis was applied to assess Georgia’s legal framework in relation to the experiences of Armenia, Serbia, Germany and France. This comparative section focused on criteria such as the realisation of the best interests of the child, the specificity of parental obligations and the extent to which psychological needs are taken into account.
The combined use of these approaches enabled a comprehensive evaluation, integrating the substantive content of legal norms with psychological reasoning. This interdisciplinary framework served as an essential mechanism for achieving the research aim.
The examination of the parent–child relationship requires an interdisciplinary approach that incorporates both psychological and legal perspectives. Psychological theories help elucidate a child’s developmental and emotional needs within the family context, while legal frameworks determine the formal mechanisms of protecting those needs and defining parental responsibilities. Below are the core theoretical models that underpin the complex analysis of this relationship:
Bowlby’s Attachment Theory (Bowlby, 1988)—John Bowlby’s attachment theory posits that a child’s primary emotional security is formed through a stable and sensitive relationship with a parent or primary caregiver. Insecure or emotionally distant interactions can lead to chronic anxiety, emotional dysregulation and difficulties in forming reliable social bonds later in life. From a legal standpoint, this theory justifies the notion that the ‘best interests of the child’ principle should not be defined solely through material or administrative criteria. Rather, legislation must include the obligation to ensure a child’s emotional well-being, which is intrinsically linked to the quality and consistency of attachment relationships.
Erikson’s Stages of Psychosocial Development (Erikson, 1963)—Erikson describes eight stages of development, each centred on a psychosocial conflict. In early childhood, critical dilemmas such as trust vs. mistrust, autonomy vs. shame and initiative vs. guilt are primarily influenced by parental behaviour and responsiveness. From a legal perspective, this implies that child-rearing environments must support the child’s ability to navigate these developmental stages healthily and constructively.
Baumrind’s Parenting Style Theory (Baumrind, 1966)—Baumrind identifies three primary parenting styles: authoritative, authoritarian and permissive. Empirical research has shown that the authoritative style—characterised by both high demands and high emotional responsiveness—is most strongly associated with children’s psychological well-being and social competence.
Bronfenbrenner’s Ecological Systems Theory offers further insight into how parental responsibilities influence a child’s everyday social environment and micro-contexts. For instance, parental neglect can exacerbate the negative influence of neighbourhood or peer environments, illustrating the interaction between Bronfenbrenner’s microsystem and mesosystem levels. This reinforces the idea that the legal responsibilities of parents must reflect not only individual duties but also broader social impacts on the child’s development.
At the legislative level, parent–child relationships in Georgia are categorised into personal non-property and property-related legal relations (The Civil Code of Georgia, 1997). Non-property relations encompass inalienable personal rights such as honour, dignity and personal inviolability, violations of which provoke immediate legal response since these rights are non-transferable and non-assignable (Public Defender of Georgia, 2023).
Parental rights carry both legal and ethical characteristics. Legislation grants parents the authority to make decisions regarding education, healthcare and living conditions; however, these rights are limited by the principle of the best interests of the child (Convention on the Rights of the Child, 1989). Accordingly, any decision—be it custody, choice of residence or form of upbringing—must primarily serve the child’s physical, emotional and civic well-being (UNICEF, 2021a,b).
Under Georgian law, a child is guaranteed regular contact with both parents regardless of their status (The Civil Code of Georgia, 1997, Article 1200). The court may restrict such contact only if there is a real threat to the child’s safety. Parents, in turn, are obliged to develop a care and upbringing plan that includes both physical and emotional support (Bowen, 2009). Beyond parental responsibilities, the state also bears a duty to protect the best interests of the child. For example, Article 27 of the Constitution of Georgia defines the joint responsibility of the state and parents to ensure compulsory primary and basic education. Article 1198 of the Civil Code obliges parents to care for the physical, intellectual and emotional development of their child. Education, as a public leverage, serves the child’s full social integration and free self-realisation (Siegel and Hartzell, 2003).
At least one parent has the financial obligation of child support (alimony), which depends on the minor’s needs and the parent’s financial status. Legally, alimony is assessed as a property-value relationship aimed at the child’s nourishment, education and health protection (UNICEF & Public Defender of Georgia, 2023).
In cases where a parent violates their lawful obligations of child care, the court may:
restrict or revoke parental rights; and
place the child under guardianship or in a state institution (United Nations, 1989).
These measures are applied only when the violation contradicts the best interests of the child and threatens their safety.
Although Georgian legislation clearly defines parental obligations towards the child—including payment of alimony, provision of education and emotional support (The Civil Code of Georgia, 1997)—their enforcement in practice encounters significant challenges. One primary difficulty is the subjective and inconsistent determination of alimony amounts, leading to the neglect of the child’s real needs. Georgia lacks a standardised formula or system to assist courts in fairly and consistently establishing alimony, resulting in decisions that are often unequal and vague. Enforcement is further complicated by parents’ frequent misreporting or concealment of income and assets, hindering the National Enforcement Bureau’s capacity to effectively execute court decisions (Sapari, 2022).
Moreover, there remains a cultural stigma in society wherein requesting alimony is perceived as a moral weakness or motivated by animosity towards the former spouse. This social background significantly reduces women’s willingness and expectation for enforcement, particularly in cases where legally obtained rights fail to translate into actual support (On.ge, 2023).
Despite the Civil Code’s recognition of the best interests of the child principle, in practice, this principle often remains merely formal. For example, the Public Defender’s 2022 report notes that the child’s opinion is still not considered a necessary criterion for creating an appropriate environment during family disputes, indicating incomplete application of the law’s substantive content. The joint report by the Public Defender and UNICEF explicitly states that the protection of the child’s best interests frequently remains declarative and seldom incorporates the actual psychological and emotional needs of the child (UNICEF & Public Defender of Georgia, 2023).
Ultimately, the existing legal mechanisms often prove inadequate to ensure effective child protection and enforcement of parental responsibilities, underscoring the need for comprehensive legislative and institutional reforms.
Germany’s child support system is founded on the principle of maximising the protection of the child’s best interests and the equitable distribution of financial responsibility between parents. Paragraph 1602 of the German Civil Code establishes the right of a minor child to claim maintenance from their parents, ensuring adequate support necessary for proper upbringing. Based on this provision, the amount of child support is determined to fully meet the child’s basic needs and foster their physical, intellectual and emotional development (German Civil Code, 2019).
Furthermore, parents are obligated to maintain contact with their child, which includes personal meetings, telephone conversations and electronic communication. Courts may restrict such contact only when it poses a threat to the child’s psycho-emotional well-being.
Parents are required to provide financial support for their children at least until the age of majority, which is 18 years in Germany. This obligation extends beyond the age of majority if the child continues education or professional training. This regulation aims to ensure the child’s welfare and to create the necessary conditions for their subsequent independent life (German Civil Code, 2019).
Paragraph 1612a of the German Civil Code specifies the minimum amount of child support for minors. This minimum constitutes the essential financial resources necessary for the child’s physical and mental development and the establishment of an appropriate standard of living. The regulation aims at maximising the protection of the child’s interests by setting maintenance obligations based on fair and standardised criteria (Bundesministerium der Justiz, 2023).
Higher regional courts in Germany have developed specialised tables and guidelines to assist in determining the basic amount of child support while fully considering the relevant circumstances of each case. The primary instrument used to calculate child support amounts is the Düsseldorfer Tabelle (Düsseldorf Table), which provides a standardised calculation based on the child’s age and parental income (Düsseldorfer Tabelle, 2024).
In Germany, the Düsseldorfer Tabelle serves as the fundamental tool for determining the amount of child support and harmonising court practice. Its annual update ensures that maintenance obligations remain consistent with current economic realities. Failure to pay child support is considered a criminal offence punishable by imprisonment of up to 3 years or a monetary fine. Courts may defer the execution of the sentence, but in cases of repeated violations, the sentence is enforced without exception (Bundesministerium der Justiz, 2023).
French legislation strictly defines the financial obligations of parents, which include providing financial assistance for the child until the age of majority or, in cases of continued education, until its completion. Child support covers not only food and housing but also education and healthcare (French Penal Code, 2005). Under the principle of equal parental responsibility, in the event of disputes, the court determines the amount of maintenance in consideration of the child’s best interests. Moreover, the child has the right to directly request financial support through the court if the need arises (French Civil Code, 2006).
Court intervention may become necessary if parents fail or refuse to fulfil their financial and caregiving duties. In France, funding education constitutes a significant component of child support obligations, encompassing not only school and university fees but also additional costs such as private tutoring, materials and technology. Education is regarded as a primary investment in the child’s future; therefore, state and judicial mechanisms ensure the realisation of this right through financial support (Becker, 1991).
Child support in France is intended to cover the child’s daily needs (food, clothing and healthcare) and may also include additional expenses such as medical services or extracurricular school activities. Parents are entitled to agree upon the amount of support; however, in case of disagreement, family courts decide based on the best interests of the child. The Ministry of Justice provides indicative tables and online calculators which assess parental income, number of children and custody arrangements to determine the appropriate child support amount (Rayden Solicitors, Child Support in France).
According to Article 207 of the French Civil Code, the obligation to support a person is determined by their financial capacity and the recipient’s needs. The court establishes the amount and form of assistance by evaluating the material circumstances of both parties within the context of social conditions and existing needs. This provision emphasises the principle of proportionality, aiming to maintain a fair balance between the obligor and the recipient (Rayden Solicitors, Child Support in France).
It is noteworthy that Article 227-3 of the French Penal Code stipulates that failure to fulfil child support obligations for more than 2 months is punishable by up to 2 years imprisonment and a fine of up to 15,000 euros (France, French Civil Code). In France, non-payment of child support triggers both criminal and civil enforcement mechanisms. Courts have the authority to satisfy the recipient’s claims by placing a lien on the obligor’s property or garnishing wages.
According to the Family Law Act of the Republic of Serbia (2005), parents are obligated not only to provide material support (maintenance) but also to promote the full physical, intellectual, moral, social and emotional development of the child. Parental rights may be restricted or revoked based on grounds including:
violence or cruel treatment;
neglect of the child’s health, development or education; and
failure to fulfil legally mandated responsibilities.
Additionally, a temporary measure may be applied when there is an immediate threat to the child’s life or health, which can be initiated by administrative authorities and subsequently confirmed by the court (UNICEF Serbia, 2023). The Serbian legal system imposes a direct duty on parents to ensure both the material support and emotional well-being of their children. However, according to UNICEF (2023), a significant portion of parents evade maintenance obligations, adversely affecting children’s social and economic rights. Although the country’s civil code stipulates financial responsibility for both parents, enforcement mechanisms often fail to meet the child’s actual needs in practice.
Courts in Serbia determine the amount of child support based on the parents’ income, the child’s needs and the custody arrangement. Nevertheless, non-payment remains a widespread issue, with official estimates indicating that every second child does not receive the legally mandated full maintenance (Vreme, 2023). Child protection agencies highlight that repeated non-payment severely undermines the provision of education, healthcare and safe living conditions for affected children (mlaw.rs, 2024).
In 2024, the Serbian Parliament introduced a draft law establishing an Alimony Fund, aimed at ensuring financial support for children when parents fail to fulfil court-ordered obligations. Under this proposal, if a parent fails to pay maintenance for more than 2 months, the Fund temporarily provides support to the child and subsequently seeks reimbursement from the obligated parent (Vice President’s Office of Serbia, 2024).
This initiative serves not only to protect children’s rights but also to simplify administrative procedures, which have historically posed significant barriers to effective enforcement. Despite these advances, critical concerns remain regarding the Fund’s operational efficiency, including timely decisionmaking, the legal basis for direct deductions from bank accounts and full utilisation of the obligor’s asset liability. Experts emphasise that only robust institutional intervention combined with stringent enforcement mechanisms can secure children’s rights in practice rather than merely at the legislative level (Tasić & Partners, 2025).
Armenian legislation mandates parents to care for the physical, mental and moral development of their children, as enshrined in the Family Code of the Republic of Armenia (2004). This duty includes ensuring the child’s welfare, education and health (Office of the Human Rights Defender of the Republic of Armenia, 2024).
Where parents fail to agree on custody and financial support, courts determine maintenance amounts based on parental income and the child’s needs. Statutory standards prescribe maintenance amounts as approximately 25% of income for one child, 33% for two children and 50% for three or more children (MIUSA, 2015).
Furthermore, the Armenian Civil Code and judicial practice provide for the restriction or termination of parental rights if a parent acts contrary to the child’s best interests. Examples include failure to meet the child’s needs, perpetration of violence, or creating a harmful environment. In such cases, competent state agencies conduct social assessments and psychological analyses, formulating recommendations for the court (Barbakadze, 2007).
Armenia mandates mediation before initiating court proceedings in all family disputes, including custody, visitation and maintenance issues. The mediation process aims to facilitate parental agreements and protect the child’s interests without escalating conflict (The Armenian Report, 2023). Despite these regulations, practical challenges persist. UNICEF and the Armenian Ombudsman for Children identify issues, such as low enforcement effectiveness, insufficient social service support, shortages of social workers and psychologists, and inadequate responses to child abuse cases (UNICEF Armenia, 2020).
Notably, Armenia lacks a centralised fund that automatically guarantees child support payments on behalf of non-paying parents, differentiating it from some European countries like France. Consequently, families predominantly rely on government enforcement mechanisms to execute court orders, which are often hampered by limited resources (Humanium, 2023).
To analyse the legal reflection of children’s psychological needs, four countries were selected for this study—Germany, France, Serbia and Armenia—representing legal systems and social-cultural types at different stages of development. Each of these countries serves as a significant reference and analytical benchmark for assessing the Georgian context.
The key criteria used to determine the integration of psychological theories within the legal framework were:
the legal recognition of the obligation to ensure the child’s psychological and emotional needs;
t mandatory involvement of psychologists and social workers in judicial and administrative decisions;
the existence of standardised practices (e.g. age-appropriate guidelines or maintenance calculation tables); and
institutional and financial support provided by the state in cases where parents fail to fulfil their obligations.
These components are either fully or partially present in developed countries such as Germany and France, where children’s psychological needs are addressed not only as part of individual parenting styles but also as a matter of legal responsibility. In this context, Bowlby’s Attachment Theory, Erikson’s Stages of Development and Baumrind’s Parenting Styles model are explicitly reflected in legal regulations and institutional practices.
Germany and France exemplify developed democratic states where the best interests of the child principle are practically integrated into psychological and social services. Their experience clearly demonstrates how psychological theories can be embedded not only in legal texts but also in decision-making processes, considering factors such as attachment quality, developmental stages and emotional involvement.
In contrast, Serbia and Armenia, as post-Soviet and transitional legal systems, bear greater resemblance to Georgia. Traditional parenting models prevail in these countries, characterised by unconditional parental authority and less legal recognition of children’s psychological needs. This has resulted in a non-systematic integration of psychological theories into the legal system, creating a gap between legislation and practical implementation.
Consequently, standardised maintenance calculators used in Germany and France (e.g. the Düsseldorfer Tabelle in Germany and the Ministry of Justice tables in France), along with state intervention mechanisms in cases of non-payment (such as support funds and direct payment schemes), provide robust leverage to support the continuous development of the child. These mechanisms reduce material instability while ensuring the protection of the child’s interests, especially when parents fail to meet their obligations.
The study’s main findings emphasise the following:
Parental legal responsibilities in Georgia are not fully adapted to the child’s age-specific psychological developmental stages.
The legal system lacks integrated support models that would assist families on educational and socio-emotional levels.
Legal and social models from several European countries (notably Germany and France) could be adapted and implemented in Georgia.
The purpose of this study was to analyse the extent to which Georgian legislation adequately reflects parental legal obligations in accordance with the psychological developmental stages of the child, and to what degree it ensures the child’s holistic needs within the legal context. Additionally, the study aimed to examine the legal experiences of countries that have successfully established systematic legal support for the holistic development of children.
To achieve this goal, the research analysed the psychosocial and legal structure of the parent–child relationship within the context of child rights protection; evaluated whether parental legal obligations correspond to the child’s developmental stages and emotional needs; and compared the Georgian legal framework with models from Germany, France, Serbia and Armenia, where the principle of the best interests of the child is implemented both legally and institutionally.
The comparative analysis revealed that, similarly to Serbia and Armenia, Georgia’s legislation formally includes the principle of the best interests of the child; however, its practical implementation remains challenging. Psychological needs such as emotional security, consistent caregiving and parental involvement often remain legally unaddressed. In contrast, in Germany and France, child psychological development theories are integrated not only declaratively but systematically into legal mechanisms, encompassing legislative norms, judicial practice and social service protocols in a synchronised manner.
Therefore, the study concludes that the existing legal framework in Georgia does not fully correspond to the psychological developmental needs of the child and requires systemic reform at the legislative, institutional and practical levels.
Accordingly, the study deems it advisable to develop and implement the following recommendations:
The legislation should explicitly enshrine the parental obligation to protect the child’s psychological and emotional needs.
The involvement of psychologists and social workers should be mandatory in judicial and administrative proceedings.
Standardised maintenance models should be developed that take into account the child’s age, needs and parental capacities.
In cases of non-payment of maintenance, the state should ensure temporary financial support for the child through a dedicated fund.
Raising public awareness about parental responsibility is essential, including through education, social services and media campaigns.
Furthermore, it is recommended to specify parental rights and duties aligned with the child’s psychological developmental phases in Georgian legislation—for example, explicitly recognising the obligation for emotional support in the case of preschool-aged children. It is also advisable to establish a continuous monitoring mechanism in cooperation with the Public Defender’s Office to ensure that the child’s voice is adequately considered in family matters.