Journal articles on the topic 'Custody of children Victoria'
To see the other types of publications on this topic, follow the link: Custody of children Victoria.
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 journal articles for your research on the topic 'Custody of children Victoria.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.
1
Stone, Una, Marg Liddell, and Marietta Martinovic. "Incarcerated Mothers: Issues and Barriers for Regaining Custody of Children." Prison Journal 97, no. 3 (April 19, 2017): 296–317. http://dx.doi.org/10.1177/0032885517703957.
Full textAbstract:
In Victoria, Australia, the rate of female incarceration has continued to rise in the last decade. The majority of women prisoners are primary caregivers of their children. This article examines issues mothers face in mothering, both inside and outside prison, as seen by professionals and stakeholders who support them. Reunification of mothers and children is hampered by factors such as poverty, homelessness, abuse, and lack of access to services. Research and government interventions to address incarcerated mothers’ situations have had little positive impact for over 50 years.
2
Townsend, Michelle. "Educational outcomes of children on guardianship or custody orders: A pilot study: Australian Institute of Health and Welfare." Children Australia 32, no. 3 (2007): 4–5. http://dx.doi.org/10.1017/s1035077200011603.
Full textAbstract:
The Australian Institute of Health and Welfare (AIHW) has recently released a report on the educational outcomes for children and young people on guardianship or custody orders. This report, four years in the making, represents one of the first comprehensive Australian assessments based on educational performance data from multiple jurisdictions for children on guardianship or custody orders. Developed for the National Child Protection and Support Services data group, the study was funded by the Community and Disability Services Ministers’ Advisory Council (AIHW 2007).This pilot study examines how children on guardianship/custody orders are performing compared with all Australian children in education department-based testing for reading and numeracy in years 3, 5 and 7. Mean test scores were examined in addition to the achievement of national benchmarks for reading and numeracy. These nationally agreed benchmarks are designed to assess whether children have achieved the minimum standards for years 3, 5 and 7 (AIHW 2007). Data on 895 children on guardianship or custody orders were collected from five jurisdictions - Queensland, Victoria, South Australia, Tasmania and the Australian Capital Territory - for August 2003 (AIHW 2007). The data were linked through collaborative efforts by state and territory education and community services departments.
3
Tierney, Len, and Meryl McDowell. "Child Welfare: Reception Centres, Regionalization, and Deinstitutionalization." Children Australia 15, no. 1 (1990): 3–9. http://dx.doi.org/10.1017/s1035077200002522.
Full textAbstract:
Between 1972 - 1980, eighteen regional offices were opened by state welfare authorities in Victoria, with the long term prospect that a comprehensive set of programmes would be developed in each region. This is part of an extensive policy change in which the reception of children into care will proceed by more diverse and local arrangements. Safe custody options already include small residential units and foster care and the very term “reception centre” is no longer part of official language. Substantial progress has been made along these lines and of the two central reception centres, Allambie (25-150 residents) is in the process of being closed and Baltara (45-70 residents) is to be redeveloped. In the most recently published planning documents redevelopment of these facilities had been anticipated by December 1990.1 However, not a great deal is known about the population of these two centres, about reception processes and why some children proceed quickly through the process and others do not. This paper examines the present status of reception centres in Victoria and reports upon a preliminary study of the reception centre population for the period 1986-1987. An argument is made that there is a case for revising reception policy and practice not only in existing centres but, in proposed new facilities and for giving more attention to services, for children and families who present with unusual difficulties.
4
Farrell, Ann. "Policies for Incarcerated Mothers and their Families in Australian Corrections." Australian & New Zealand Journal of Criminology 31, no. 2 (August 1998): 101–18. http://dx.doi.org/10.1177/000486589803100201.
Full textAbstract:
The incarceration of a mother usually brings considerable dislocation to the offending woman's children and family. This paper examines current policies for the inmate mother, for her children and for the caregiver(s) of her children on the outside and argues for reform with respect to these policies. To this end, it reports on the Australian component of a comparative policy study, Incarcerated Mothers and Children: Impact of Prison Environments (IMCIPE), which investigated the impact of the prison environment on incarcerated mothers and their young children (including both mothers whose children live with them in custody and mothers who are separated from their children), in Queensland, New South Wales, Victoria and England. The paper draws on data from policy analyses; interviews with policy-makers, with inmate mothers, and with custodial and non-custodial staff; and observations within six women's prisons and their respective correctional authorities in the three Australian states. The study found that while inmate mothers need support from “significant others” within and outside the prison to cope with the dual roles of prisoner and mother, the custodial environment with its philosophy of incarceration, its mode of containment and the prison rules and regulations runs counter to such needs.
5
Pimm-Smith, Rachel. "District schools and the erosion of parental rights under the Poor Law: a case study from London (1889–1899)." Continuity and Change 34, no. 3 (December 2019): 401–23. http://dx.doi.org/10.1017/s0268416019000353.
Full textAbstract:
AbstractThis article investigates the empirical backing for the claim that poor law officials needed legal authority to refuse poor parents’ right to the custody of their children in order to stabilise children's welfare institutions during the nineteenth century. Although workhouses were capable of accommodating children, Victorian lawmakers feared children would model themselves on adult paupers to become permanent burdens on the state. To tackle this problem, a system of children's welfare institutions called ‘district schools’ was introduced to train children to become industrious adult labourers. Children were usually classified as orphans or deserted so they could be sent to district schools without fear of family intervention. However, children with ambiguous parental circumstances were labelled as ‘other’ and considered a problematic class because they were perceived to be at risk of having on-going contact with their birth families. Lawmakers feared parents of ‘other’ children would undermine reformation efforts by asserting their custody rights, and passed the first laws in English history to allow the state to restrict parental rights on this basis. This article explores the claim of unwanted parental involvement, and in doing so, seeks to contextualise the origins of public law interference in the family sphere within a narrative of imposed citizenship rather than protection.
6
McCauley-Elsom, Kay, and Jayashri Kulkarni. "Managing Psychosis in Pregnancy." Australian & New Zealand Journal of Psychiatry 41, no. 3 (March 2007): 289–92. http://dx.doi.org/10.1080/00048670601172798.
Full textAbstract:
Objective: This article provides an introduction to the complex issues surrounding the management of women who have a history of psychosis and who become pregnant. Balancing the mental wellbeing of the woman and the safety and wellbeing of the baby is a complex task for both the expectant mother and the health professionals involved in her care. Clinical picture: Within this article the complexity of the issues will be outlined as a case report of a woman with a history of psychotic related disorders, who was also pregnant. Treatment: The woman was being case managed by a Mental Health Service in Victoria, Australia, and was included on the National Register of Antipsychotic Medications in Pregnancy Register (NRAMP) recently established at the Alfred Psychiatry Research Centre (APRC). Outcome: The profile of women with a history of previous mental illness, and who are pregnant, often includes a poor psychosocial history and involvement with child protection agencies with regard to custody of the children. Well meant but poorly coordinated decisions by health professionals result in sub-optimal outcomes for both mother and infant. Conclusion: There is a need for the exploration of the management and experiences of women who have a history of psychosis and who are pregnant. This case example highlights the complexity of issues surrounding the management of this vulnerable group of women and their babies.
7
Wright, Danaya. "LEGAL RIGHTS AND WOMEN'S AUTONOMY: CAN FAMILY LAW REFORM IN MUSLIM COUNTRIES AVOID THE CONTRADICTIONS OF VICTORIAN DOMESTICITY?" Hawwa 5, no. 1 (2007): 33–54. http://dx.doi.org/10.1163/156920807781787626.
Full textAbstract:
AbstractIn early- and mid-nineteenth century England, numerous law reformers targeted the law of coverture. Under this law married women lost custody of children, lost any property they brought, could not make a will or enter into a contract once they married, and they could not seek a divorce if their marriage broke down under the doctrine that husband and wife were a single unit before the law. The discourse of the reform debates, however, presented women as either violent and intemperate, and thus requiring the chains of coverture to keep them from bringing down the pillars of civil society. Or, they were seen as victims in sore need of the law's protection from violent and intemperate men. At no time were they viewed as legal agents, capable of exercising rights responsibly or as rational actors, who could be entrusted with the care and control of raising children single-handedly. But as the law changed to accommodate demands for women's rights, it is clear that women did not destroy civil society, nor have they attained equal power and autonomy with men. Thus, in looking at the reforms, and the forces that inhibited the reforms in Victorian England, we can begin to think more critically about how law reforms occur, how men and women are situated, and how barriers to equality frustrate legal change. With that history, I believe we are better situated to understand the demands for change in family law and women's rights in Muslim countries. Much of the rhetoric is ironically familiar. And I argue that knowledge of the pitfalls that threatened legal change in the Anglo-American west can help us avoid them in law reform arenas across the Muslim world. Of course, it is not simply that by learning our history we can hope not to repeat it. Rather, by understanding the complex interplay of reformist arguments and conservative pressures, we are better able to see beneath the rhetoric to the power structures inhibiting women's autonomy that lurk beneath the surface.
8
Petschel, K., and J. A. Gall. "A profile of deaths in custody in Victoria, 1991–96." Journal of Clinical Forensic Medicine 7, no. 2 (June 2000): 82–87. http://dx.doi.org/10.1054/jcfm.2000.0370.
Full text
9
Hynan, Daniel J. "INTERVIEWING CHILDREN IN CUSTODY EVALUATIONS." Family Court Review 36, no. 4 (March 16, 2005): 466–78. http://dx.doi.org/10.1111/j.174-1617.1998.tb01091.x.
Full text
10
STEWART, GILL, and DAVID SMITH. "HELP FOR CHILDREN IN CUSTODY." British Journal of Criminology 27, no. 3 (1987): 302–10. http://dx.doi.org/10.1093/oxfordjournals.bjc.a047678.
Full text
11
Bochenek, Michael, and Fernando Delgado. "Children in custody in Brazil." Lancet 367, no. 9511 (February 2006): 696–97. http://dx.doi.org/10.1016/s0140-6736(06)68271-8.
Full text
12
Kaplan, Lori, Charles B. Hennon, and Linda Ade-Ridder. "Splitting Custody of Children between Parents: Impact on the Sibling System." Families in Society: The Journal of Contemporary Social Services 74, no. 3 (March 1993): 131–44. http://dx.doi.org/10.1177/104438949307400301.
Full textAbstract:
Splitting custody of children between parents after divorce is one form of custody. The authors review this custody decision and its potential effect on the sibling system across the lifespan. The arrangement is analyzed by means of family-systems theory. Because split custody may be harmful to the sibling bond, the potential benefits must be weighed against costs in each case before entering into this custody arrangement.
13
Kamarudin @ Abdul Shukor, Akbar. "Child Custody after Divorce Laws in Malaysia: Muslim Parents and Children Perspective." Journal of Contemporary Islamic Studies 8, no. 2 (November 1, 2022): 11–35. http://dx.doi.org/10.24191/jcis.v8i2.2.
Full textAbstract:
Child custody after divorce laws in Malaysia advocates sole custody as the main practice. Sole custody means the child will live with a parent and have contact with the other parent through access. The parent living with the child will also have parental responsibility. Social studies have suggested that sole custody generates problems that affect the best interests of the child. Some problems are lack of contact and the child being deprived of maintenance. Other countries have undergone legal reforms to better the situation through joint custody. Joint custody advocates sharing the child's residence and parental responsibility. Therefore, this article examines the experiences the selected Muslim parents and children faced regarding child custody. The experiences concern the legal process of divorce, child custody, the residence of the child and access, parental responsibility, and parental relationships. An important finding is the general recognition of joint custody by the Shari'ah courts, the parents, and the children. However, the recognition must be in line with the best interests of the child.
14
Anna, Dudak. "ALTERNATING CUSTODY AS SEEN BY FATHERS CLAIMING CUSTODY OF THEIR CHILDREN." Human Studies: a collection of scientific articles of the Drohobych Ivan Franko State Pedagogical University. Series of “Pedagogy” 4/36 (April 26, 2017): 105–17. http://dx.doi.org/10.24919/2313-2094.4/36.98575.
Full text
15
Hollingsworth, Kathryn. "Securing responsibility, achieving parity? The legal support for children leaving custody." Legal Studies 33, no. 1 (March 2013): 22–45. http://dx.doi.org/10.1111/j.1748-121x.2012.00233.x.
Full textAbstract:
This paper examines the legal support available to incarcerated children when they leave custody. It argues that the current support provided to custody-leavers – which includes both ‘resettlement’ (provided by youth justice agencies) and duties owed to some custody-leavers under Pt III of the Children Act 1989 – may achieve criminal justice aims (such as preventing re-offending) but does not adequately protect the status and rights that all custody-leavers have qua child. When the child leaves custody her primary status is child, not offender, and therefore it is argued here that she should be entitled to the same legal rights as analogous groups of children; namely, care-leavers. It is suggested that the reason why care-leavers and custody-leavers are comparable groups to whom parity in legal rights should be accorded is because the four types of responsibility that underpin the state's obligations to care-leavers (reparatory, assumed, generational and equity-based) apply equally to custody-leavers.
16
Creagh, Dudley. "The Study of Valuable Medals using X-Ray Analysis." Advances in X-ray Analysis 35, B (1991): 1127–32. http://dx.doi.org/10.1154/s0376030800013409.
Full textAbstract:
AbstractThe exact compositions of the Victoria Crosses held in custody by the Australian War Memorial were needed so that its conservation staff could formulate a proper strategy for their conservation. This analytical study not only provided the required information but it resolved important ambiguities in the historical record.
17
Gu, Yi, and Guang Ming Zhang. "Analysis on Children Custody Decision Making Model." Applied Mechanics and Materials 380-384 (August 2013): 1247–55. http://dx.doi.org/10.4028/www.scientific.net/amm.380-384.1247.
Full textAbstract:
Children custody disputes are complicated for many judges owing to so many dynamic factors should to be considered. This paper proposes a novel model for legal expert system Based on LVQ Neural Network. Firstly, all clauses and discretionary factors, extracted from theories and judicial practice, involved with custody disputes in divorce were quantified to obtain related set elements. Then the LVQ neural network was applied to construct a model for children custody disputes weight vector analysis on the set elements. Ultimately, the weight vector close to decision boundaries between classes could promote the classification performance. Accordingly, the performance of the LVQ by generating weight vectors close to decision boundaries is higher. By testing, custody disputes legal expert system could consider all relevant circumstances from a good all-around point of view and effectively.
18
Bastaits, Kim, and Inge Pasteels. "Is joint physical custody in the best interests of the child? Parent–child relationships and custodial arrangements." Journal of Social and Personal Relationships 36, no. 11-12 (March 31, 2019): 3752–72. http://dx.doi.org/10.1177/0265407519838071.
Full textAbstract:
When thinking about custodial arrangements after a divorce, there has been a shift from sole custody (mainly by mothers) to joint physical custody after a divorce. In certain countries, joint physical custody has even become the primary, legal custodial arrangement. Joint physical custody, whether implemented in legislation or not, is believed to be in the best interests of the child, as children can shape a postdivorce relationship with both their mother and father. Nevertheless, many studies on joint physical custody focus only on child outcomes. This study aims to investigate (1) whether custodial arrangements matter in addition to the parental divorce for parent–child relationships and (2) whether joint physical custody provides a better framework for parent–child relationships than sole custody arrangements. The study adds to the existing literature by including both the mother–child relationship and the father–child relationship. Moreover, joint physical custody is not only compared to sole maternal custody, but also to sole paternal custody. Using a dyadic subsample of Belgian parents and children from the Divorce in Flanders data set ( N = 623), we compare two indicators of the parent–child relationship (parent–child communication and parenting) for children with married parents, with children in joint physical custody, sole maternal custody, and sole paternal custody. The results indicate that (1) the custodial arrangements after divorce affect parent–child relationships, in addition to the divorce, with regard to both open and problematic father–child communications and the support and control of children by mothers and fathers; and (2) joint physical custody, compared with sole custody (either by the mother or father), provides a better framework to shape a postdivorce parent–child relationship with both parents in terms of open communications and support.
19
Turunen, Jani, and Curt Hagquist. "Child-perceived parental support and knowledge in shared physical custody and other living arrangements for children." Journal of Family Research 35 (January 11, 2023): 145–61. http://dx.doi.org/10.20377/jfr-703.
Full textAbstract:
Objective: The aim of this paper is to develop an understanding of how child-perceived parental support and knowledge among children in Sweden differ across ten forms of residential arrangement. Background: Shared physical custody has become an increasingly common arrangement for children in separated families in many European countries. In an international comparison, Sweden has a high rate of parental union dissolution but also the highest prevalence of shared physical custody arrangements following divorce or separation. Over a third of all children with divorced or separated parents spend an equal amount of time living in both parental households. Method: We used data from the Swedish HBSC survey from 2013/14, which are focused on children in grades 5, 7 and 9 in the Swedish comprehensive school system (n=7360) and used perceived parental support and perceived parental knowledge scales as dependent variables in multiple ordered logistic regressions conducted separately by the sex of the parent. Results: The results show that children in shared physical custody report higher levels of parental support and knowledge than children in sole physical custody and equally high as those who live in a two-parent family. Children living in non-symmetrical physical custody arrangements report lower levels of paternal support and knowledge than children whose parents share physical custody equally. Maternal support and knowledge does not differ between children living in symmetrical and non-symmetrical shared physical custody arrangements, whereas paternal support and knowledge is lower in families where the child lives in an unequal residential sharing arrangement with the mother as the main co-residential parent. Conclusion: Post-divorce living arrangements are clearly associated with the relationship between parents and children, with children in shared physical custody reporting stronger relationships than children in sole physical custody. The cross-sectional nature of the data prevents us from drawing conclusions on causality, however.
20
Worrall, Jill. "Grandparent Custody of Children at Risk." Journal of Intergenerational Relationships 5, no. 3 (October 29, 2007): 127–30. http://dx.doi.org/10.1300/j194v05n03_14.
Full text
21
Flory, Barbara E., and Maria Berg-Weger. "Children of High-Conflict Custody Disputes." Social Thought 22, no. 2-3 (March 2003): 205–19. http://dx.doi.org/10.1300/j131v22n02_14.
Full text
22
Bogdanova, E. E. "Procedural Status of Children Protective Services in Court Disputes Concerning Upbringing of Children." Lex Russica, no. 2 (February 1, 2019): 41–47. http://dx.doi.org/10.17803/1729-5920.2019.147.2.041-047.
Full textAbstract:
The article highlights that when disputes concerning upbringing of children are being dealt with by the courts, custody and guardianship authorities may act both as a procedural claimant and as a state authority competent to give an opinion on the merits of the dispute. In cases provided for by law, custody and guardianship authorities are entitled to perform the functions of a jurisdictional body, as well as to participate in proceedings as a defendant.
23
Walker, Shelley, Peter Higgs, Mark Stoové, and Mandy Wilson. "“That’s the Lowest Place on Earth!” Experiences of the Carceral Spaces of Australian Police Custody for Marginalized Young Men." Qualitative Health Research 30, no. 6 (January 15, 2020): 880–93. http://dx.doi.org/10.1177/1049732319897603.
Full textAbstract:
Young men are overrepresented among people detained in police custody in Victoria, Australia, a closed institution that has mostly escaped public scrutiny. Our study sheds light on this underexamined place from the perspective of 28 marginalized young men (aged 19–24) detained there prior to adult prison. Drawing on Bacchi’s “What’s the problem represented to be?” approach and the subdiscipline of carceral geography, we disrupt the assumed purpose of police custody as a place to simply detain people while awaiting court and/or transfer to prison. We illustrate how police custody, although ostensibly for ensuring the safety and protection of the community, privileges that of some over others, with detrimental effects for marginalized groups. We highlight how harsh, degrading, hostile environments intersected with lived experiences and exacerbated psychological, social, and physical health harms; made possible young men’s constitution as dirty, violent, and subhuman; and worked to legitimize breaches of human rights.
24
Ellis, Walter L. "Parental Custody Negotiations and Health Insurance Access for Children." Families in Society: The Journal of Contemporary Social Services 84, no. 2 (April 2003): 223–28. http://dx.doi.org/10.1606/1044-3894.94.
Full textAbstract:
Family practitioners who provide divorce education programs should be aware that a child in a sole-custody household (especially one headed by the father) is highly likely to lack insurance coverage for access to health care services for healthy development. Examining 543 divorce records in New Hampshire, the author analyzed coverage across divergent family types following custody negotiations and found that a child in a sole-custody household was at higher risk for lacking coverage than was one in a shared-custody household. These results were confirmed by a chi-square test and logical regression statistical analysis. In a multivariate analysis, the author found that teenagers, children whose parents earned high incomes, and those with working mothers were likely to be covered, although the likelihood was lower in the case of daughters.
25
Rofiq, Muhammad Khoirur. "PEMBERIAN HAK ASUH ANAK DALAM PERCERAIAN KARENA PERALIHAN AGAMA (MURTAD)." Journal of Islamic Studies and Humanities 6, no. 2 (October 28, 2021): 97–110. http://dx.doi.org/10.21580/jish.v6i2.8171.
Full textAbstract:
Divorce due to apostasy causes child custody issues, is religion or the welfare of the child a priority? This study is a qualitative normative legal research with a juridical approach and a case approach. Primary data in this study are seven decisions of the Religious Courts regarding divorce by apostate parents and the determination of child custody. This paper focuses on examining (1) judges' considerations in determining custody of children in divorce due to apostasy, (2) patterns of granting custody of children in divorce due to apostasy. This research results in (1) The judge considers the conditions of the parties with three priority conditions for determining child custody, namely Islam, morals, and the ability to care for children. (2) the pattern of granting custody of children in divorce due to apostasy is (a) Islam becomes a priority requirement in determining child custody (b) if Islamic requirements are not met, then the moral requirements and the ability to care for the benefit of the child will be prioritized. The panel of judges will analyze the conditions of both parents to determine what is best for the child, even though custody is given to the apostate parent.
26
Corcoran, Tim, Julie White, Kitty te Riele, Alison Baker, and Philippa Moylan. "Psychosocial justice for students in custody." Journal of Psychosocial Studies 12, no. 1 (July 1, 2019): 41–56. http://dx.doi.org/10.1332/147867319x15608718110899.
Full textAbstract:
Availability to quality education is significantly beneficial to the life prospects of young people. In particular, for young people caught up in the justice system, it is argued that involvement in education reduces risk of further criminality and improves a person’s prospects for future community engagement. This paper overviews a recent study undertaken in the Australian state of Victoria. The study worked with project partner, Parkville College, the government school operating inside the state’s two detention centres, to examine what supports and hinders education for students in custody. Amongst other purposes, education should be about the pursuit of justice and if accepted as an ontological opportunity, education can invite the pursuit of a particular kind of justice ‐ psychosocial justice. Subsequently, psychosocial theory applied to educational practice in youth detention is inextricably linked to issues concerning justice, both for how theory is invoked and ways in which practice is enacted. The paper first introduces the concept of psychosocial justice then hears from staff connected to Parkville College regarding issues and concerns related to their work. As shown, education for incarcerated young people, not just in Australia but internationally, is enhanced by contributions from psychosocial studies providing a means to pursuing justice informed by a politics of psychosocialism.
27
Arditti, Joyce A., and Debra Madden-Derdich. "Joint and Sole Custody Mothers: Implications for Research and Practice." Families in Society: The Journal of Contemporary Social Services 78, no. 1 (February 1997): 36–45. http://dx.doi.org/10.1606/1044-3894.735.
Full textAbstract:
The authors evaluated the ability of a conceptual model encompassing variables related to parenting, father involvement, and mother's resources to predict custody type for divorced mothers. Findings revealed that parenting stress, coparental relationship quality, custody satisfaction, and age of children in the house hold were predictive of custody type. Results indicated that mothers with joint custody re ported lower levels of parenting stress, better coparental relations, and had older children than did solecustody mothers. Of particular interest was the finding that higher levels of custody satisfaction were associated with solecustody status. The psychological meanings parents attach to legal custody status are explored along with how the organizational properties of custody status might differ for mothers and fathers. Implications for clinical practice are discussed.
28
Sanjaya, Umar Haris. "KEADILAN HUKUM PADA PERTIMBANGAN HAKIM DALAM MEMUTUS HAK ASUH ANAK." Yuridika 30, no. 2 (August 23, 2017): 352. http://dx.doi.org/10.20473/ydk.v30i2.4653.
Full textAbstract:
This reseach is focused on the making argument to looking justice progress of verdict. The justice progress which is mean is justice on the law of procedure. Law of justice is need to implemented by judge into the case as well as regulated in the Act. This research using context of problems as how the judges giving arguments of law into his verdict on the case of children custody and will continue with review it those verdict as well as law and justice consideration. Research result found three judges verdicts which are related with children custody on 2010. Those verdicts give a one of legal basic for three different consideration of verdict. 1st children custody give under mother, 2nd children custody give under father, 3rd children custody give to parents, its becaus of each party did not request specifically for children custody. For the conclusion overall judges use the law logic in the term of correct as well as legal basis. Its comply all of justice value to making verdict. Thus the justice which apply by judges is procedure justice eventhough those different in decision making.
29
Wulandari, Oksyta. "PEMELIHARAAN HUBUNGAN ANTARA ORANGTUA YANG BERCERAI DAN ANAK (STUDI KUALITATIF DESKRIPTIF KOMUNIKASI ANTARPRIBADI ANTARA ORANGTUA YANG MEMILIKI HAK ASUH DENGAN ANAKNYA)." Komuniti: Jurnal Komunikasi dan Teknologi Informasi 8, no. 1 (January 3, 2017): 3. http://dx.doi.org/10.23917/komuniti.v8i1.2928.
Full textAbstract:
Family is the smallest social unit in the society. Family also has an important role in the personal development in a child. However, today divorce rate in Indonesia has increased and divorce will harm people involved, including children. Divorce triggers weakens relationship between parent and children. In relational maintenance there are several behaviors used to maintain relational maintenance between parent and children. So the researcher was interested to know relational maintenance behaviours between divorced parents who had custody of their children with their children. In this study the researcher used qualitative research method and purposive sampling as the sampling technique. The informants were: divorced man or woman who has custody of their child and the man or woman’s child. Three people were from each group were interviewed, totaling in 6 informants. The method to test data validity has source triangulation method by comparing interview and observation result from all data sources, and only selecting consistant data which has then used as data. The result of this showed that the applications of relational maintenance behaviours between parent who had custody of their children with their children consisted of several types,including positivity, openness and routine talk,assurances, task and sharing, supportiveness,joint activities, humor, and constructive conflict management. However not all relational maintenance behaviors do by divorced parents who had custody of their children with their children. Some relational maintenance behaviors performed by divorced parents who had custody of their children with their children were: positivity, supportiveness, joint activities, humor, and constructive conflict management. Meanwhile, relational maintenance behaviors that is not performed by divorced parents who had custody of their children with their childrenwere: openness and routine talk and task and sharing that based on the lack of frequency of face-to-face between parents and children. Generally, relational maintenance performed by parent who had custody of their children with their children.
30
Nazemi, Mahdi, and Abbas Ali Salehi. "Investigating the Custody in Shiite Jurisprudence and Civil Rights in France." Journal of Politics and Law 9, no. 7 (August 30, 2016): 230. http://dx.doi.org/10.5539/jpl.v9n7p230.
Full textAbstract:
Custody in Islam is the procedure for child rearing, which effects his physical and material context. What kept custody of the child apart from other issues, is attention to the spiritual dimension of the child and considering the child needs. Child custody and disputes on it leads to be an important issue for parents in countries civil law. In civil rights it becomes as well as the important of religious orders and opinions of jurists, in this regard recommendations are provided on how to improve the supervision and laws of our country's children for a better life. Therefore, in this case, it is needed to examine the legal opinion regarding to the custody of the two legal systems of Iran and France. The first custody must be investigated and have priority to the custody of the father or mother. In Iranian Civil Code the right and duty of parents in custody knows some right and some homework. In French Civil Code custody of parents towards children in all areas of life for the growth, maintenance and education of children is common and conspicuous aspects of its obligatory. The exercise of the custody right is shared between parents and conditions are considered the parent with custody situations where their absence is excused. Parents under certain circumstances can have the right to self-disclaimer or leave to a third party to ask the court about the right.
31
Fidler, Barbara J., Elisabeth Saunders, Elaine Freedman, and Eric Hood. "Joint Custody: Historical, Legal, and Clinical Perspectives with Emphasis on the Situation in Canada." Canadian Journal of Psychiatry 34, no. 6 (August 1989): 561–68. http://dx.doi.org/10.1177/070674378903400614.
Full textAbstract:
The search for ways to mitigate the effects of family breakdown on parents and children includes legislative and clinical efforts which to some extent influence each other. In the past year much public interest has been aroused in Canada, and particularly in Ontario, in the issue of legislative changes which would make joint custody the usual or “preferred” legal disposition of custody cases. This paper provides a discussion of the legislated preference, or “rebut-table presumption” of joint custody from a historical, legal and clinical point of view. Definition and elaboration of what joint custody is from the legal and practical perspectives is provided with an emphasis on Canadian laws and practice. The legal rights of the non-custodial parent are explained, and relevant case law is highlighted. The relationship between joint custody, support orders and relitigation rates are elaborated. Following this is a critical overview of the empirical research on joint custody as it relates to the adjustment of children and parent satisfaction is included. It is concluded that while there is little question that shared parenting can be beneficial to children, the enthusiasm of legislators for joint custody has not been supported by empirical data. It is necessary to examine under what circumstances and for which kinds of parents and children joint custody might be beneficial since it is unlikely that one solution will fit the needs of all families and all stages of family life.
32
Collins-Camargo, Crystal, Jessica Strolin-Goltzman, A. Nathan Verbist, Alison Krompf, and Becky F. Antle. "Structured well-being assessments in public child welfare: Observations across two states." Developmental Child Welfare 3, no. 2 (May 5, 2021): 100–118. http://dx.doi.org/10.1177/25161032211004605.
Full textAbstract:
Children entering custody within the child welfare system have been found to have high levels of trauma and significant behavioral health needs. In this paper, authors demonstrate how a structured functional well-being assessment can be used with the custody population to promote an understanding of behavioral health needs, inform case planning, and measure functional improvement over time. Specifically, this paper will: (a) briefly describe how two states implemented a common standardized assessment of functioning to inform case planning and measure well-being progress of children in the custody of a public child welfare system (b) examine what this common assessment tool reveals about the strengths and needs of children entering custody across two sites and (c) describe the magnitude of change in functional improvement measured across 6 months. This paper will contribute to the existing knowledge by sharing possible themes in functioning related to children entering custody while examining changes in functioning over time. Implications for practice, policy, and future research will be discussed.
33
Whiteside, Mary F. "CUSTODY FOR CHILDREN AGE 5 AND YOUNGER." Family Court Review 36, no. 4 (March 16, 2005): 479–502. http://dx.doi.org/10.1111/j.174-1617.1998.tb01092.x.
Full text
34
Hagen, Jan L., and George Hoshino. "Joint Custody of Children and AFDC Eligibility." Social Service Review 59, no. 4 (December 1985): 636–46. http://dx.doi.org/10.1086/644336.
Full text
35
Garriga, Anna, and Laura Bernardi. "Custody arrangements and social inequalities among children." Revue des politiques sociales et familiales 131, no. 1 (2019): 203–17. http://dx.doi.org/10.3406/caf.2019.3360.
Full text
36
Wolman, Richard, and Keith Taylor. "Psychological effects of custody disputes on children." Behavioral Sciences & the Law 9, no. 4 (1991): 399–417. http://dx.doi.org/10.1002/bsl.2370090405.
Full text
37
Ivanova, Nelli. "Contractual regulation of custody and guardianship of minor children in modern Russia." Current Issues of the State and Law, no. 13 (2020): 101–10. http://dx.doi.org/10.20310/2587-9340-2020-4-13-101-110.
Full textAbstract:
This work is devoted to a relevant topic in modern Russia related to the placement of children without parental care under custody (guardianship). The aim of the work is to study the features of the legal regulation of contractual custody (guardianship) of minor children in modern Russia. The work is written using general scientific and special methods of cognition: historical, dialectical, formal and logical, empirical. We pay special attention to the comparative legal method, which is due to the purpose and objectives of the study. Based on a brief retrospective analysis, the legal nature of the foster family contract and foster care contract is examined. We substantiate the position that the custody (guardianship) contract, having certain features, has a mixed legal nature. We emphasize that guardianship and custody contracts have elements of both civil law contracts and family law contracts. We analyze the legal nature of remuneration to custodians and guardians. It is concluded that the contractual regulation of custody and guardianship provides the opportunity for more flexible legal regulation of relations on the transfer of a child to a family, allows you to accommodate the interests of both wards children and custodians (guardians).
38
Hensley, Nathan K. "Introduction." Victorian Literature and Culture 48, no. 2 (2020): 391–405. http://dx.doi.org/10.1017/s1060150320000066.
Full textAbstract:
“We saw no issues,” reports the Department of Homeland Security in a self-study of its practices for detaining children at the US–Mexico border, “except one unsanitary bathroom.” The system is working as it should; all is well. “CBP [Customs and Border Protection] facilities we visited,” the report summarizes, “appeared to be operating in compliance with the 2015 National Standards on Transport, Escort, Detention, and Search.” A footnote on page 2 of the September 2018 document defines the prisoners at these facilities, the “unaccompanied alien children,” as “aliens under the age of eighteen with no lawful immigration status in the United States and without a parent or legal guardian in the United States ‘available’ to care and [provide] physical custody for them.” Available is in scare quotes. This tic of punctuation discloses to us that the parents of these children have been arrested and removed. They are not available, and cannot take physical custody of their children, because they themselves are in physical custody. In a further typographical error, the word “provide” has been omitted: the children are without a parent or legal guardian in the United States “available” to care and physical custody for them. The dropped word turns “physical custody” into a verb and sets this new action, to physical custody, in tense relation to “care.”
39
Alibaba, Arzu, and Emine Kocano Rodoslu. "The Role of Public Policy in the Enforcement of Foreign Custody Judgments: An Example of Joint Custody in Turkish Law." Sustainability 12, no. 5 (March 7, 2020): 2060. http://dx.doi.org/10.3390/su12052060.
Full textAbstract:
Societies transfer their basic values to new generations through child custody within the family. Therefore, bringing up children in healthy families is beneficial to society. Despite the importance of maintaining the sustainability of the family, which is the basic unit of society, when family sustainability is not possible, a basic duty of the courts must be to provide the best custody model for the welfare of the child after the dissolution of a marriage. Studies have shown that children have a better psychological state and can more easily overcome the trauma of divorce when the courts rule for joint custody than when the courts rule for sole custody. Joint custody, provided for in many legal systems, is not regulated in Turkish law. Thus, requests for the enforcement of foreign joint custody judgments are rejected by Turkish courts for violating public policy. Turkish courts incorrectly consider foreign law, which provides different rules, as grounds for public policy intervention. In this study, it is found that Turkish courts can rule for joint custody by depending on international conventions. Within this framework, it is not possible to reject the enforcement of foreign joint custody judgments by depending on the public policy exception.
40
DeClue, Gregory. "The Best Interests of the Village Children." Journal of Psychiatry & Law 30, no. 3 (September 2002): 355–90. http://dx.doi.org/10.1177/009318530203000304.
Full textAbstract:
This article tracks a practicing forensic psychologist's efforts to develop a scientifically based framework for doing child custody evaluations. To apply knowledge from the field of developmental psychology to questions considered by the courts, a search was made for an empirically validated list of effective parenting behaviors. Contrary to expectations, no such list was found. A new developmental theory, group socialization theory, suggests that this is because parents are much less influential than has been assumed. Implications for child custody evaluators are explored. Other psychologists, particularly child development researchers, are encouraged to comment.
41
Jaffe-Geffner, Nina. "Gender Bias in Cross-Allegation Domestic Violence-Parental Alienation Custody Cases: Can States Legislate the Fix?" Columbia Journal of Gender and Law 42, no. 1 (February 28, 2022): 56–107. http://dx.doi.org/10.52214/cjgl.v42i1.9373.
Full textAbstract:
“Parental Alienation Syndrome” (PAS), developed by Dr. Richard Gardner in 1985, posits that a frequent dynamic in child custody disputes involves vengeful mothers falsely convincing their children that they have been sexually abused by their fathers. Although PAS is widely discredited and courts have ruled it inadmissible, new formulations of the theory, such as Parental Alienation (PA), continue to play a dominant role in custody proceedings. Proponents of PA assign the label to a broad range of custody cases in which children favor one parent and reject the other. However, despite the seemingly more gender-neutral framing of PA, empirical research shows that courts use PA to discredit mothers’ allegations of domestic violence and abuse and justify custody switches away from the mother. This Note analyzes the gender bias in family courts’ handling of custody cases involving cross-allegations of domestic violence and PA, and then proposes four legislative provisions aimed at reducing the effects of such bias in custody proceedings.
42
Walker, Shelley, Peter Higgs, Mark Stoové, and Mandy Wilson. "“They just don’t care about us!”: Police custody experiences for young men with histories of injecting drug use." Australian & New Zealand Journal of Criminology 53, no. 1 (September 6, 2019): 102–20. http://dx.doi.org/10.1177/0004865819868004.
Full textAbstract:
Young men (aged 18–24) represent a quarter of all episodes of police custody detention for adult males in Victoria, Australia. Despite this, little is known about their experience. Using Bacchi’s Foucauldian-influenced “What’s the problem represented to be?” approach and data from interviews with 28 young men with histories of injecting drug use who were detained in police custody prior to adult prison, we aim to address this gap in the literature. We highlight how dividing practices of discrimination made possible their subjectification as “dangerous violent Others” and how unruly behaviour and self-harm were simultaneous mechanisms for voicing their despair and frustration, for gaining power in a place in which they had very little control and for resisting dominant truths imposed upon them as worthless subjects. It is such positioning we argue, that allowed the forfeiting of their rights to basic health care, fair treatment and respect, and at the same time produced and exacerbated a range of psychological, physical and social harms. Our analysis raises important questions about police custody, notably its role in the production of inequality and further marginalisation of vulnerable groups.
43
Shrier, Diane, Sue K. Simring, Judith B. Greif, Edith T. Shapiro, and Jacob J. Lindenthal. "Child Custody Arrangements: A Study of two New Jersey Counties." Journal of Psychiatry & Law 17, no. 1 (March 1989): 9–20. http://dx.doi.org/10.1177/009318538901700103.
Full textAbstract:
The current prevalence of joint custody awarded in New Jersey, where joint custody is an option, was estimated through a review of 567 family court records covering 1985–87 from two New Jersey counties where divorce decrees involving minor children had been issued. A rate of 11% was found in the county that ranked among the lowest in per capita income and of 19.5% in the county that ranked most affluent in New Jersey–-significantly greater than the estimated 5% of joint custody awarded in New Jersey in 1978. However, in California, where a presumption for joint custody had existed, a study of two counties found that 58% of parents divorcing in 1985 sought joint custody. In both states the predominant mode of joint custody was joint legal custody with physical custody to the mother.
44
Cameron, Paul. "Homosexual Parents in British Custody Appeals." Psychological Reports 92, no. 2 (April 2003): 379–86. http://dx.doi.org/10.2466/pr0.2003.92.2.379.
Full textAbstract:
6 British child custody appeal cases including a homosexual parent were compared with 6 randomly drawn appeal cases between heterosexual parents for parental and mental instability, partners' instability, residential instability, criminality, and lying, and having harmed the children and exposing children to harms. In 3 of the 6 cases the homosexual or his associates were recorded as engaging in criminality, in another 2 cases with lying. In one of the 6 homosexual cases the children were recorded as harmed. The 9 recorded harms or probable harms to children in cases involving a homosexual parent were attributed to the homosexual or her associates; children were recorded as harmed and exposed to the harm of neglect in one of the 6 comparison cases.
45
Bergström, Malin, Emma Fransson, Michael B. Wells, Lennart Köhler, and Anders Hjern. "Children with two homes: Psychological problems in relation to living arrangements in Nordic 2- to 9-year-olds." Scandinavian Journal of Public Health 47, no. 2 (April 12, 2018): 137–45. http://dx.doi.org/10.1177/1403494818769173.
Full textAbstract:
Aim: Joint physical custody, children spending equal time in each parents’ respective home after a parental divorce, is particularly common in Nordic compared with other Western countries. Older children have been shown to fare well in this practice but for young children there are few existing studies. The aim of this paper is to study psychological problems in 2- to 9-year-old Nordic children in different family forms. Methods: Total symptom score according to the Strengths and Difficulties Questionnaire as well as scores showing externalizing problems were compared among 152 children in joint physical custody, 303 in single care and 3207 in nuclear families through multiple linear regression analyses. Results: Children in single care had more psychological symptoms than those in joint physical custody (B = 1.08; 95% CI 0.48 to 1.67) and those in nuclear families had the least reported symptoms (B = −0.53; 95% CI −0.89 to −0.17). Externalizing problems were also lower in nuclear families (B = −0.28, 95% CI −0.52 to −0.04) compared with joint physical custody after adjusting for covariates. Conclusions: Young children with non-cohabiting parents suffered from more psychological problems than those in intact families. Children in joint physical custody had a lower total problem score than those in single care after adjusting for covariates. Longitudinal studies with information on family factors before the separation are needed to inform policy of young children’s post-separation living arrangements.
46
Cole, W. A., and J. M. Bradford. "Abduction during Custody and Access Disputes*." Canadian Journal of Psychiatry 37, no. 4 (May 1992): 264–66. http://dx.doi.org/10.1177/070674379203700410.
Full textAbstract:
In recent years abductions during divorce custody and access disputes have received greater attention from both the lay and medical press. However, little has been written on the psychopathology of the abductors or the impact on children of being kidnapped by a parent. In this study 20 cases of abduction, involving 20 parents and 37 children, were examined after the children had been located and returned to the custodial parent. Characteristics of the abduction and psychopathology seen in the children are compared to those of a control population. The outcome of assessments conducted by the family court clinic after the abductions are profiled.
47
Naslah, Asima, Rohmad Adi Yulianto, and Moh Zakky. "Penerapan Pemberian Hak Asuh Anak Belum Mumayyiz kepada Ayah dalam (Studi Kasus Perkara Nomor 2887/Pdt.G/2017/Pa Js)." Jurnal Hukum Jurisdictie 3, no. 1 (June 2, 2021): 1–24. http://dx.doi.org/10.34005/jhj.v3i1.37.
Full textAbstract:
This study entitled the application of mumayyiz (maintaining and educating children to adults or able to stand alone) child custody rights to fathers. The formulation of the problem in this study are: (1) How is the arrangement of custody of children to children not yet mumayyiz in the Islamic Law Compilation? (2) Does the Compilation of Islamic Law also regulate the granting of unmumayyiz child custody to the father after the divorce? (3) How is the application of the provision of child custody rights to the father in case Number 2887 / Pdt.G / 2017 / PA JS? This research method is Normative Law. legal research is a method that examines document studies, namely using various data such as court decisions, legal theory, legislation and the opinions of scholars in the research location. Data were analyzed using descriptive analysis method. The results of the study show that the regulation and legal basis regarding granting custody of children is not yet mumayyiz to the father which is a marriage bond between a man and a woman, but on the way to fostering a household it has broken based on the Court's decision in 2015, from the divorce has given birth. two children who are not yet mumayyiz. The occurrence of a lawsuit for child custody has not yet been filed with the Court. Where the main point of the dispute between the Plaintiff and Defendant is regarding child custody based on the provisions of Article 49 paragraph (2) number 11 of Law Number 7 of 1989, as amended by Law Number 3 of 2006 and Law Number 50 Years 2009 jo. Article 156 letter e Compilation of Islamic Law, this case is the absolute competence of the religious court. Previously the Panel of Judges had attempted to reconcile the Plaintiff and Defendant, as well as the mediation process was carried out, but it was unsuccessful, and the parties had two witnesses who gave testimony during the process. the trial which has a proof value is independent (vrij bewijs kracht). From the hadil of the research, the stages of handling cases of child custody have not been mumayyiz which decided that the child custody falls to the father to guarantee a sense of security, peace.
48
Fidler, B. J., and E. B. Saunders. "Children's Adjustment during Custody/Access Disputes: Relation to Custody Arrangement, Gender and Age of Child." Canadian Journal of Psychiatry 33, no. 6 (August 1988): 517–23. http://dx.doi.org/10.1177/070674378803300614.
Full textAbstract:
The adjustment of preschool and latency age children, at the time of a custody/access dispute between their parents, was studied in relation to the children's age, sex and whether they were living with a parent of the same or the opposite-sex. Few adjustment problems were noted; however, older children and boys were more vulnerable. Sex of custodial parent did not predict children's adjustment.
49
Seeman, Mary V. "Intervention to Prevent Child Custody Loss in Mothers with Schizophrenia." Schizophrenia Research and Treatment 2012 (2012): 1–6. http://dx.doi.org/10.1155/2012/796763.
Full textAbstract:
Depending on jurisdiction, time period studied, and specifics of the population, approximately 50 percent of mothers who suffer from schizophrenia lose custody of their children. The aim of this paper is to recommend interventions aimed at preventing unnecessary custody loss. This paper reviews the social work, nursing, psychology, psychiatry, and law literature on mental illness and custody loss, 2000–2011. Recommendations to mothers are to (a) ensure family health (b) prevent psychotic relapse, (c) prepare in advance for crisis, (d) document daily parenting activities, (e) take advantage of available parenting resources, and f) become knowledgeable about legal issues that pertain to mental health and custody. From a policy perspective, child protection and adult mental health agencies need to dissolve administrative barriers and collaborate. Access to appropriate services will help mothers with schizophrenia to care appropriately for their children and allow these children to grow and develop within their family and community.
50
Bhavatharini, K. P., and Ms Dr Anita Albert. "The Disruption Of Family In Manju Kapur’s Custody." Think India 22, no. 3 (September 13, 2019): 880–85. http://dx.doi.org/10.26643/think-india.v22i3.8408.
Full textAbstract:
Manju Kapur exposes the disparity and how modernity plays a major role in our society and also the hollowness modern life through her novel Custody. The present paper deals with the key aspects of custody, like extra marital affair, exploration of children and the law system of India. Manju Kapur has published five novels and all her novels dealt with postmodern era, which became sensational in the literary world. She talks about the life of people in Metropolitan cities and how it changes the attitude of theirs and makes them to be victims of modernity through her novel Custody. She manages to disclose the atmosphere which revolves around the family and how it destroys their peace. Here the author portrays how her female protagonist goes to an extent to fulfill her need even breaking her marital relationship with her husband and lack of concern with her children. She portrays the unimaginable incident of broken marriage and illustrates how it causes their children to yearning for their custody from their parents. The children are mentally affected because of the conflict between their egoistic parents to take back their custody only to win the battle not having the real concern over the future of their children. The author manages to create an excellent atmosphere that reveals the various disasters roaming around the family. The future of the children is also hazard. This novel proves that Manju Kapur is a great curator of the modern Indian family.