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Journal articles on the topic 'Divorce; Parental separation; Family law'
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Brown, Thea, Alison Lundgren, Lisa-Maree Stevens, and Jennifer Boadle. "Shared parenting and parental involvement in children's schooling following separation and divorce." Children Australia 35, no. 1 (2010): 7–13. http://dx.doi.org/10.1017/s1035077200000912.
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Although the new family law legislation, the Family Law (Shared Parental Responsibility) Amendment Act of 2006, seeks to implement the notion of ongoing and collaborative parenting of children following parental partnership breakdown, separation and divorce, institutional obstacles still prevent the realisation of this policy. The question then arises: can such a model of separation and divorce be achieved? This question is examined through a discussion of a series of studies undertaken by a Monash University research team investigating parents' involvement in their children's schooling following parental separation and divorce. The research, building on a number of small studies carried out in Western Australia, looked at parents' and teachers' views of schools' ability to relate to separated and divorced parents and the wider difficulty of schools managing this family form.
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Langhinrichsen-Rohling, Jennifer, and Martin Rohling. "Negative Family-of-Origin Experiences: Are They Associated With Perpetrating Unwanted Pursuit Behaviors?" Violence and Victims 15, no. 4 (January 2000): 459–71. http://dx.doi.org/10.1891/0886-6708.15.4.459.
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Parental divorce, history of parental relationship separation, perceptions of interparental conflict, and witnessing parental violence were retrospectively assessed in a sample of 213 college students from several regions in the United States, all of whom had suffered an unwanted break-up of an important romantic relationship. This study investigated whether these family-of-origin experiences were associated with perpetrating unwanted pursuit behaviors after the relationship break-up. Results indicated that male participants who had experienced either parental divorce or separation perpetrated more severe unwanted pursuit behavior than males who had not experienced parental divorce or separation or females from either divorced, separated, or intact families. For females, severe unwanted pursuit behavior perpetration was correlated with threatening and intense parental arguments. These findings suggest that a variety of types of negative parental relationship behavior may be risk factors for perpetrating severe unwanted pursuit behaviors. The gender-specificity and implications of these findings are discussed.
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Taylor, Nicola, Robyn Fitzgerald, Tamar Morag, Asha Bajpai, and Anne Graham. "International Models of Child Participation in Family Law Proceedings following Parental Separation / Divorce." International Journal of Children’s Rights 20, no. 4 (2012): 645–73. http://dx.doi.org/10.1163/15718182-55680006.
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This article reports on the findings of a 2009 survey conducted under the auspices of the Childwatch International Research Network about how children’s participation rights, as set out in Articles 12 and 13 of the UNCRC, are respected in private family law proceedings internationally. Court-based and alternative dispute resolution processes and the roles of relevant professionals engaged in child-inclusive practices are considered, as well as religious, indigenous and customary law methods of engaging with children. The findings from the 13 participating countries confirm an increasing international commitment to enhancing children’s participation in family law decision-making, but depict a wide variety of approaches being used to achieve this. Case studies from Australia, India, Israel and New Zealand are included to illustrate differing models of children’s participation currently in use in decision-making processes following parental separation.
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Haugen, Gry Mette, Rebecca Marples, Adrian James, and Minna Rantalaiho. "The Voice of the Child in Family Mediation: Norway and England." International Journal of Children's Rights 18, no. 3 (2010): 313–33. http://dx.doi.org/10.1163/157181810x494173.
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AbstractIn the context of the growing use of mediation in many countries to resolve parental disputes in separation and divorce, this article considers the implications of mediation practice for the rights of the child and, in particular, the tension between Article 3 and Article 12. In order to highlight the potential influence of the UNCRC in ensuring that children's article 12 rights are not compromised by the practice of mediation, which revolves around adults and parental decision-making, recent developments in England and Norway are compared in order to consider the impact of Norway's recent incorporation of the UNCRC into its domestic law.
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Kaganas, Felicity. "Parental involvement: a discretionary presumption." Legal Studies 38, no. 4 (August 22, 2018): 549–70. http://dx.doi.org/10.1017/lst.2018.16.
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AbstractSection 1(2A) of the Children Act 1989 establishes a statutory presumption that ‘involvement’ of both parents in their children's lives after divorce or separation is in children's best interests. This paper sets out to examine what effect this had had. The aim of the legislation was to improve the transparency and clarity of judges’ reasoning. This would help to reduce the numbers of parents litigating and would placate fathers’ rights groups who were damaging confidence in the family justice system. Drawing on a sample of reported cases, this paper concludes that, at the higher levels, courts are not implementing the presumption. Nor has the presumption succeeded in placating fathers’ rights groups or significantly reducing the number of cases coming to court. It appears that the presumption has had little impact and the government's aims have not been realised. However, where it is having some impact, the presumption may be putting mothers and children at risk.
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Stone, Peter. "The Developing EC Private International Law on Family Matters." Cambridge Yearbook of European Legal Studies 4 (2001): 373–412. http://dx.doi.org/10.5235/152888712802761680.
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The entry into force on 1st March 2001 of Regulation 1347/2000 on Jurisdiction and the Recognition and Enforcement of Judgments in Matrimonial Matters and in Matters of Parental Responsibility for Children of Both Spouses (‘the Matrimonial Regulation’) amounts to a landmark in the harmonisation of private international law at European Community level. It deals with direct judicial jurisdiction, and the mutual recognition and enforcement of judgments, but not choice of law, in respect of divorce, separation and annulment of marriage, and of custody (in a broad sense) of children of both spouses when determined on the occasion of matrimonial proceedings. It is the first EC measure to enter into force dealing with private international law in family matters, and is likely to be followed up by further such measures, especially in relation to child custody when dealt with independently of any matrimonial proceedings.
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Stone, Peter. "The Developing EC Private International Law on Family Matters." Cambridge Yearbook of European Legal Studies 4 (2001): 373–412. http://dx.doi.org/10.1017/s1528887000004146.
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The entry into force on 1st March 2001 of Regulation 1347/2000 on Jurisdiction and the Recognition and Enforcement of Judgments in Matrimonial Matters and in Matters of Parental Responsibility for Children of Both Spouses (‘the Matrimonial Regulation’) amounts to a landmark in the harmonisation of private international law at European Community level. It deals with direct judicial jurisdiction, and the mutual recognition and enforcement of judgments, but not choice of law, in respect of divorce, separation and annulment of marriage, and of custody (in a broad sense) of children of both spouses when determined on the occasion of matrimonial proceedings. It is the first EC measure to enter into force dealing with private international law in family matters, and is likely to be followed up by further such measures, especially in relation to child custody when dealt with independently of any matrimonial proceedings.
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Mykhalniuk, O. V. "Divorce Agreements: Certain Theoretical and Practical Aspects." Legal horizons, no. 18 (2019): 28–33. http://dx.doi.org/10.21272/legalhorizons.2019.i18.p28.
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The article deals with the problems of contractual regulation of the relationship between spouses in the process of divorce, determination of the terms of agreements on the maintenance, and the upbringing of children in the order according to Art. 109 Family Code of Ukraine, identification of contractual forms for settlement of other issues arising in the process of divorce, namely: division of property, separation of shares from the joint property of spouses, use of joint property, provision of housing interests of children, etc. Considerable attention was paid to the issues of improvement of Art. 109 of the Family Code of Ukraine. The view is expressed that the husband and wife, resolving the issue of divorce by mutual consent according to Art. 109 of the Family Code of Ukraine, are obliged on a contractual basis to determine the living conditions of children after divorce, by concluding two types of agreements: the agreement on the exercise of parental rights and obligations (Part 1 of Article 109 of the Family Code); the agreement on the maintenance of the child to those of the parents who live separately or the agreement on the discontinuation of the right to alimony in exchange for the acquisition of ownership of real estate (Part 2 of Article 109 of the Family Code of Ukraine). It is also argued that a spouse in the divorce process may enter into a single agreement, combining the terms of both agreements (on maintenance and on upbringing). The main characteristic of the agreement on discontinuation of the right to alimony in exchange for the acquisition of the property right for real estate with the purpose of securing the housing rights of the children in divorce is investigated. Given the need to resolve on a contractual basis a wide range of divorced life issues, it is proposed to consider family law agreements in the process of divorce in a narrow and broad sense. The article also analyzes the practical prerequisites for implementation a single comprehensive divorce agreement into the legislation of Ukraine, as well as proposes to distinguish it from the marriage contract in the case of divorce. Keywords: divorce, simplified divorce procedure, contracts between spouses, upbringing and maintenance of children, discontinuation of the right to alimony.
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Kovacek-Stanic, Gordana. "The principle of self-determination in the family law through history and today." Zbornik Matice srpske za drustvene nauke, no. 116-117 (2004): 159–78. http://dx.doi.org/10.2298/zmsdn0417159k.
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In the jubilee year 2004, Serbia marks the 200th anniversary of The First Serbian Uprising, structuring of modern Serbian state and its legal system comparatively speaking, France marks the 200th anniversary of passing the French Civil Code, one of the most significant civil codifications in the 19th century. It was an occasion to study certain institutions of family law through history and today. The used approach is modern, we studied the ways how the principle of self-determination influenced the family-legal solutions today, and we investigated if one could talk about the effect of this principle in the historical sense, too. The principle of self-determination implies the possibility for the subjects of family-legal relations to arrange their own relations themselves ? both the partner and parent relations. However, this principle undergoes significant limitations in the family law because the family relations are personal relations by character, as well as because of the need to protect the weaker participant, both the weaker partner or a child who needs protection stemming from his/her very status. Within marriage law, the principle of self-determination of the spouses (extramarital partners) is, among other things, made concrete through the possibility for an agreement about the effects of marriage (extramarital union), then through the possibility of agreed divorce, while the procedure of mediation in the marriage litigation contributes to the realization of the mentioned principle. As for the effects of marriage (extramarital union), the paper particularly discusses property relations, that is the marriage property contract, because it is at the moment a current issue in our domestic law. Within the relations between parents and children, the concretization of the principle of self-determination in parental care is significant, particularly in the situations when the relations between the parents were disturbed and resulted in a separation or a divorce with the joint parental care (application of the parental right). All institutions are analyzed in the positive law, in the historical context (solutions from the Serbian Civil Code the former Hungarian Law), and viewed comparatively in the European legal systems of the east and west European countries.
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Baglivio, Michael T., Kevin T. Wolff, Nathan Epps, and Randy Nelson. "Predicting Adverse Childhood Experiences." Crime & Delinquency 63, no. 2 (July 9, 2016): 166–88. http://dx.doi.org/10.1177/0011128715570628.
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Few studies have examined multilevel effects of neighborhood context on childhood maltreatment. Less work has analyzed these effects with juvenile offenders, and no prior work has examined context effects of childhood maltreatment through the Adverse Childhood Experiences (ACEs) framework. ACEs include 10 indictors: emotional abuse, physical abuse, sexual abuse, emotional neglect, physical neglect, domestic violence toward the youth’s mother, household substance abuse, household mental illness, parental separation/divorce, and household member with a history of jail/imprisonment. Effects of concentrated disadvantage and affluence on ACE scores are examined in a statewide sample of more than 59,000 juvenile offenders, controlling for salient individual (including family and parenting) measures and demographics. Both disadvantage and affluence affect ACE exposure. Implications for research and policy are discussed.
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Côté, Denyse. "GUARDA COMPARTILHADA E SIMETRIA NOS PAPÉIS DE GÊNERO: novos desafios para a igualdade de gênero." Revista Observatório 2, no. 3 (August 31, 2016): 182. http://dx.doi.org/10.20873/uft.2447-4266.2016v2n3p182.
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RESUMOA família faz a mediação entre a sociedade e o indivíduo. Ela possui lógica própria, limitações de tempo e espaço e uma mitologia que se adaptam a condições socioeconômicas variáveis. Por outro lado, as sociedades ocidentais contemporâneas são famosas pela capacidade de integrar novas práticas culturais, inclusive aquelas originalmente opostas às normas dominantes. A família também é, obviamente, um locus de relações de gênero. O aparecimento da guarda compartilhada como prática contracultural ressaltou a normalização da separação conjugal e do divórcio, assim como o desejo de criar os filhos de acordo com papéis de gênero antes simétricos do que diferenciados. No Quebec, a guarda compartilhada de alguma forma se transformou em modelo para a igualdade de gênero, influenciando os papéis parentais e as relações entre homens e mulheres mesmo em famílias intactas. Mas será que o surgimento da guarda compartilhada como modelo cultural significa uma redução das desigualdades de gênero no interior da família? O presente artigo analisará as novas transformações dos papéis parentais heterossexuais com base nos dados empíricos de uma pesquisa no Quebec (Côté, 2000; 2004; 2006; 2010; 2012). O novo modelo da família baseado numa idealização da guarda compartilhada integra os conceitos contemporâneos da família como um grupo de indivíduos unidos por escolha e negociação, e não por casamento e dever. Ele também acomoda recentes evoluções de gênero: fluidez de identidades e papéis, pluralidade de experiências e maior mobilidade para as mulheres. No entanto, ao contrário de mitos comuns, essa modernização do espaço doméstico baseada na simetria dos papéis parentais e de gênero também cria novos tipos de regulamentações e constrangimentos que perpetuam e “modernizam” desigualdades. É o que será aqui apresentado e discutido. PALAVRAS-CHAVE: Guarda compartilhada; igualdade; separação e divórcio; cuidado; papéis simétricos. ABSTRACT Family mediates between society and the individual. It has its own logic, its time constraints, space and mythology that adapt to variable socioeconomic conditions. On the other hand contemporary Occidental societies are notorious for their capacity to integrate new cultural practices, even those that originally opposed mainstream norms. Family is also of course a locus of gender relations. The emergence of joint custody as a counter-cultural practice underlined the normalization of conjugal separation and divorce but also the desire to parent in symmetrical rather than differentiated gender roles. In Québec joint custody has in sorts become a model for gender equality, influencing parenting roles and gender relations even in intact families. But does the emergence of joint custody as a cultural model signify a reduction of gender inequalities in the family? This paper will analyze recent transformations of heterosexual parental roles basing itself on empirical data of recent research in Québec (Côté, 2000; 2004; 2006 ; 2010; 2012). The new family model based on an idealization of joint custody integrates contemporary conceptions of the family as a group of individuals united by choice and negotiation rather than marriage and duty. It also accommodates recent evolutions of gender : fluidity of identities and roles, plurality of experiences, and increased mobility for women. But contrary to common myths, this modernization of domestic space based on symmetrical parental and gender roles also creates new types of regulations and gender constraints that perpetuate and “modernize” inequalities. These will be presented and analyzed. KEYWORDS: Joint custody; equality; separation and divorce; care; symmetrical roles. RESUMENLa familia media entre la sociedad y el individuo. Tiene su propia lógica, las limitaciones de tiempo y espacio y una mitología que se adaptan a las variables socioeconómicas. Por otro lado, las sociedades occidentales contemporáneas son famosos por su capacidad de integrar nuevas prácticas culturales, incluyendo los que se oponían inicialmente a las normas dominantes. La familia también es, obviamente, un lugar geométrico de las relaciones de género. La aparición de la custodia compartida como la práctica contracultural hizo hincapié en la normalización de la separación matrimonial y el divorcio, así como el deseo de criar a los niños de acuerdo a los roles de género antes simétrica que diferentes. En Quebec, la custodia compartida de alguna manera se convirtió en el modelo para la igualdad de género, que influyen en las funciones parentales y las relaciones entre hombres y mujeres, incluso en familias intactas. Sin embargo, es la aparición de la custodia compartida como modelo cultural significa una reducción de las desigualdades de género dentro de la familia? En este artículo examinaremos las nuevas transformaciones de funciones de los padres heterosexuales en base a datos empíricos de una encuesta realizada en Quebec (Côté, 2000; 2004; 2006; 2010; 2012). El nuevo modelo de familia basado en la idealización de la custodia compartida integra los conceptos contemporáneos de la familia como un grupo de individuos unidos por elección y la negociación, no por el matrimonio y el deber. También da cabida a la evolución reciente de género: la fluidez de las identidades y roles, la pluralidad de experiencias y una mayor movilidad para las mujeres. Sin embargo, a diferencia de los mitos más comunes, esta modernización del espacio doméstico basado en la simetría de los roles de género de los padres y también crea nuevos tipos de regulaciones y restricciones que perpetúan y "modernizar" las desigualdades. Es lo que aquí se presenta y discute. PALABRAS CLAVE: Custodia compartida; la igualdad; la separación y el divorcio; la atención, las funciones simétricas. RÉSUMÉ Dotée de sa propre logique, de sa propre temporalité, de ses espaces et même de ses propres mythes adaptés à des contextes socio-économiques variables, la famille sert de médiation entre l’individu et la société. Les sociétés occidentales sont notoirement habilitées à intégrer de nouvelles pratiques culturelles, dont celles qui questionnent les normes du temps. La famille est aussi un lieu de rapports sexués. L’émergence de la garde partagée suite à la généralisation des divorces et des séparations marque le rejet de rôles parentaux sexuellement différenciés. Au Québec, la garde partagée a été érigée en modèle d’égalité femmes-hommes et influence même maintenant les rôles parentaux au sein des familles intactes. Ce nouveau modèle que représente la garde partagée annonce-t-il une réduction des inégalités femmes-hommes sein des familles? Cet article analysera ces récentes transformations des rôles parentaux hétérosexuels à partir de données empiriques recueillies au Québec (Côté, 2000; 2004; 2006; 2010; 2012). L’idéalisation de la garde partagée intègre la conception contemporaine de la famille comme un groupe d’individus unis par choix et par les liens de la négociation plutôt que par le lien du mariage et des obligations familiales. Il intègre certaines évolutions occidentales récentes des rapports sociaux de sexes : fluidité des identités et des rôles, pluralité des expériences, mobilité accrue pour les femmes. Mais, contrairement au mythe, cette modernisation des espaces domestiques basée sur des rôles parentaux et sexuels symétriques crée aussi de nouvelles régulations et contraintes de genre qui pérennisent des inégalités femmes-hommes. MOTS-CLEFS: Garde partagée; égalité; séparation et divorce; garde des enfants; rôles symétriques.
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Emery, Robert E., Randy K. Otto, and William T. O'Donohue. "A Critical Assessment of Child Custody Evaluations." Psychological Science in the Public Interest 6, no. 1 (July 2005): 1–29. http://dx.doi.org/10.1111/j.1529-1006.2005.00020.x.
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SUMMARY—Most parents who live apart negotiate custody arrangements on their own or with the help of lawyers, mediators, or other professionals. However, psychologists and other mental health professionals increasingly have become involved in evaluating children and families in custody disputes, because of the large number of separated, divorced, and never-married parents and the substantial conflict that often accompanies the breakup of a family. Theoretically, the law guides and controls child custody evaluations, but the prevailing custody standard (the “best interests of the child” test) is a vague rule that directs judges to make decisions unique to individual cases according to what will be in children's future (and undefined) best interests. Furthermore, state statutes typically offer only vague guidelines as to how judges (and evaluators) are to assess parents and the merits of their cases, and how they should ultimately decide what custody arrangements will be in a child's best interests. In this vacuum, custody evaluators typically administer to parents and children an array of tests and assess them through less formal means including interviews and observation. Sadly, we find that (a) tests specifically developed to assess questions relevant to custody are completely inadequate on scientific grounds; (b) the claims of some anointed experts about their favorite constructs (e.g., “parent alienation syndrome”) are equally hollow when subjected to scientific scrutiny; (c) evaluators should question the use even of well-established psychological measures (e.g., measures of intelligence, personality, psychopathology, and academic achievement) because of their often limited relevance to the questions before the court; and (d) little empirical data exist regarding other important and controversial issues (e.g., whether evaluators should solicit children's wishes about custody; whether infants and toddlers are harmed or helped by overnight visits), suggesting a need for further scientific investigation. We see the system for resolving custody disputes as deeply flawed, for reasons that go beyond the problem of limited science. The coupling of the vague “best interests of the child” test with the American adversary system of justice puts judges in the position of trying to perform an impossible task, and it exacerbates parental conflict and problems in parenting and coparenting, which psychological science clearly shows to be key factors predicting children's psychological difficulties in response to their parents' separation and divorce. Our analysis of the flawed system, together with our desire to sharply limit custody disputes and custody evaluations, leads us to propose three reforms. First, we urge continued efforts to encourage parents to reach custody agreements on their own—in divorce mediation, through collaborative law, in good-faith attorney negotiations, in therapy, and in other forums. Some such efforts have been demonstrated to improve parent–parent and parent–child relationships long after divorce, and they embrace the philosophical position that, in the absence of abuse or neglect, parents themselves should determine their children's best interests after separation, just as they do in marriage. Second, we urge state legislatures to move toward adopting more clear and determinative custody rules, a step that would greatly clarify the terms of the marriage contract, limit the need for custody evaluations, and sharply narrow the scope of the evaluation process. We find particular merit in the proposed “approximation rule” (recently embraced by the American Law Institute), in which postdivorce parenting arrangements would approximate parenting involvement in marriage. Third and finally, we recommend that custody evaluators follow the law and only offer opinions for which there is an adequate scientific basis. Related to this, we urge professional bodies to enact more specific standards of practice on this and related issues.
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Brown, Thea, Danielle Tyson, and Paula Fernandez Arias. "Filicide and Parental Separation and Divorce." Child Abuse Review 23, no. 2 (March 2014): 79–88. http://dx.doi.org/10.1002/car.2327.
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Maier, E. Hailey, and Margie E. Lachman. "Consequences of early parental loss and separation for health and well-being in midlife." International Journal of Behavioral Development 24, no. 2 (June 2000): 183–89. http://dx.doi.org/10.1080/016502500383304.
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We examined the impact of parental death and divorce prior to age 17 on physical and mental wellbeing in a national probability sample of middle-aged adults. The results suggest that, for men, parental divorce was associated with less positive relations with others, less self-acceptance, lower environmental mastery, and greater depression. Parental divorce predicted higher levels of physical health problems for both men and women. This relationship was mediated by income, education, drug use, and family support and was greater for men than women. Parental death predicted more autonomy for men and a higher likelihood of depression for women. The results contribute to understanding the developmental pathways involved in linking early life experiences to adulthood outcomes.
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Ross, Lisa Thomson, and Julie Roberts Miller. "Parental Divorce and College Students: The Impact of Family Unpredictability and Perceptions of Divorce." Journal of Divorce & Remarriage 50, no. 4 (April 24, 2009): 248–59. http://dx.doi.org/10.1080/10502550902790746.
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Sheehan, Grania, Yvonne Darlington, Patricia Noller, and Judith Feeney. "Children's Perceptions of Their Sibling Relationships During Parental Separation and Divorce." Journal of Divorce & Remarriage 41, no. 1-2 (June 15, 2004): 69–94. http://dx.doi.org/10.1300/j087v41n01_05.
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Peters, Brad, and Marion F. Ehrenberg. "The Influence of Parental Separation and Divorce on Father–Child Relationships." Journal of Divorce & Remarriage 49, no. 1-2 (June 26, 2008): 78–109. http://dx.doi.org/10.1080/10502550801973005.
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Gahan, Luke. "Separated Same-Sex Parents: Troubling the Same-Sex Parented Family." Sociological Research Online 23, no. 1 (January 22, 2018): 245–61. http://dx.doi.org/10.1177/1360780418754699.
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Same-sex parented family research and academic literature has focused primarily on intact families and/or those created after a heterosexual divorce–their family models, methods of family creation and the fertility process, and the health and well-being of their children. Similarly, separation and divorce research and academic literature has focused primarily on opposite-sex parented families. To date, limited research has explored the experiences of same-sex parents who separated after having children within their relationship. This article reports on findings from a qualitative study of semi-structured in-depth interviews with 22 same-sex parents in Australia who had experienced parental separation and aims to contribute to a new phase of same-sex relationship and parenting research that explores divorce and separation. Participants were acutely aware that their separation and post-separation families troubled the social expectations and mores of the same-sex parented family by appearing to break unwritten rules, threatening to disrupt campaigns for social and political acceptance, and falling off an apparent pedestal that their families and relationships had been placed on. Separated same-sex parents were also concerned that their families would disrupt efforts to achieve social and political acceptance–and this created challenges with recruitment and interviewing techniques with male participants in particular. This article will demonstrate the pressure for same-sex parents to present an idyllic image of family. It will also discuss how, as a consequence of being seen as troubling, same-sex parental separation created experiences of isolation and invisibility for parents during and after their separation.
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Mader, Luzius, Marie Hargreave, Line Elmerdahl Frederiksen, Pernille Envold Bidstrup, Susanne Oksbjerg Dalton, Susanne K. Kjær, Thomas Tjørnelund Nielsen, Anja Kroyer, Jeanette Falck Winther, and Friederike Erdmann. "The impact of childhood cancer on parental separation, divorce, and family planning in Denmark." Cancer 126, no. 14 (May 25, 2020): 3330–40. http://dx.doi.org/10.1002/cncr.32901.
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Parkinson, Patrick. "Forty Years of Family Law: A Retrospective." Victoria University of Wellington Law Review 46, no. 3 (October 1, 2015): 611. http://dx.doi.org/10.26686/vuwlr.v46i3.4911.
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This article presents a thematic retrospective of the past 40 years of family law in terms of the international landscape in developed countries. It examines three questions: First, whatever happened to marriage? While once marriage was central to family formation, it is no longer. Indeed, heterosexual couples have never been less interested in the idea of marriage. Secondly, whatever happened to divorce? The nature of divorce has fundamentally changed in the last forty years, largely as a consequence of the recognition that while intimate domestic partnerships may come to an end, parenthood is, for the most part, indissoluble. The ties that bind parents together remain important long after the adult relationship has ended. Thirdly, whatever happened to parenthood? Legal parenthood has become vastly more complicated than in the mid-1970s. One reason for this is the revolution in artificial reproduction techniques. A second reason is that lesbian and gay couples have, in increasing numbers, sought to raise children and demanded recognition of parental rights which are not based on genetic parenthood. These changes have had a profound impact upon modern family law.
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ELLIOTT, B. JANE, and MARTIN P. M. RICHARDS. "CHILDREN AND DIVORCE: EDUCATIONAL PERFORMANCE AND BEHAVIOUR BEFORE AND AFTER PARENTAL SEPARATION." "International Journal of Law, Policy and the Family" 5, no. 3 (1991): 258–76. http://dx.doi.org/10.1093/lawfam/5.3.258.
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Kovaček-Stanić, Gordana. "Joint exercise of parental right." Glasnik Advokatske komore Vojvodine 78, no. 9 (2006): 32–45. http://dx.doi.org/10.5937/gakv0602032k.
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The joint exercise of parental right was introduced as a form of custody also in situations in which a traditional form of custody meant exercise of parental right by one parent. This concept strives to differentiate the relationship between parents from the relationship between spouses (common law partners) by, from the legal point of view, preserving the relationship between parents and the child the same or at least similar in case marital relationship changes, having regard to the fact that parental rights and duties do not cease with the divorce and that a child needs both parents for his/her development. Serbian Family Act 2005 has for the first time introduced a possibility of joint exercise of parental right even in case when parents do not live together (Article 75/2). Since this form of custody is a novelty in the Serbian family law, Serbian Family Act provides that agreement between the parents is a necessary precondition for this form of parental care. Beside parents and the court, the child has a very important role in the decision-making concerning his/her custody in case parents do not live together. In the comparative law, joint custody is being part of the evolutional progress. At the time when this concept was introduced, agreement between parents was a precondition for the joint custody. Today, many legal systems do not consider parental agreement on joint custody as a precondition for this form of custody after divorce.
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FURSTENBERG, FRANK F., and JULIEN O. TEITLER. "Reconsidering the Effects of Marital Disruption." Journal of Family Issues 15, no. 2 (June 1994): 173–90. http://dx.doi.org/10.1177/0192513x94015002002.
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This article identifies predivorce individual and family characteristics that explain a portion of the effect of parental separation on the long-term well-being of children. Using longitudinal data from the National Survey of Children (NSC), the authors discuss how much of the relationship between a separation and measures of adult well-being (including educational and economic attainment, patterns of family formation, delinquency, and psychological well-being) is due to selectivity of parents into more fragile marriages and to family conflict that often precedes the physical departure of a parent from the household. The results of the study indicate that divorce is associated with some outcomes, although much of its putative effect diminishes when predivorce factors are accounted for. The authors suggest that researchers give more careful consideration to the processes leading up to a separation as part of the divorce experience of children.
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Vargas Gómez-Urrutia, Marina. "Crisis familiar, responsabilidad parental y alimentos: revisando las cuestiones generales en un divorcio transnacional (Audiencia Provincial Barcelona - Sentencia de 15/04/2019) = Crisis of the couple, parental responsabilit and maintenance: reviewing core matters in a cross-border family judgement (Barcelona Court of Appeal - Decision of 15/04/2019)." CUADERNOS DE DERECHO TRANSNACIONAL 12, no. 1 (March 5, 2020): 784. http://dx.doi.org/10.20318/cdt.2020.5221.
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Resumen: La interacción entre las normas de competencia judicial internacional y las cuestiones de fondo que resuelven las normas de conflicto en las distintas materias del derecho de familia constituyen un problema específico en los divorcios con elementos transfronterizo. En la SAP Barcelona de 15 de abril de 2019 se pone a prueba el sistema de competencia judicial internacional y de ley aplicable a raíz de una acción principal de divorcio donde, además, se han de establecer medidas de responsabilidad parental y fijar la obligación de alimentos.Palabras clave: competencia judicial internacional, ley aplicable, litigios transfronterizos: divorcio, responsabilidad parental, obligación de alimentos.Abstract: In family law matters specific issues raises from the interaction between the rules on international jurisdiction and applicable law. The Decision of the Barcelona Court of Appeal rended on April 15, 2019 tests the international jurisdiction system and the issues of applicable law in a cross-border family litigation where a main divorce must be established in addition with parental responsibility measures and maintenance claims.Keywords: International jurisdiction, applicable law, cross-border UE family law: divorce, parental responsability disputes, Maintenance claims.
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de Oliveira Vilella, Barbara Maria, and Thainá Arcanjo da C. Silva. "ALIENAÇÃO PARENTAL." Colloquium Socialis 2, Especial 2 (December 1, 2018): 127–31. http://dx.doi.org/10.5747/cs.2018.v02.nesp2.s0267.
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This present article aims to analyze a parental alienation, as a whole, from its formation, to the occurrence and as consequences generated by its practice. Although it is a recent topic in the Brazilian social and legal discussion agenda, regulated by the law 12.318/2010, it is already something that occurs for years, which makes it such a controversial and complex subject, because it involves social and family, among them the unfriendly divorce between the genitors, issues that mainly affect the lesser, in a sense, helpless, causing him physical and mental damages, as covered in this study. It is also verified in this article, concrete jurisprudence cases and bibliographic concepts
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McVey, Jr., Wayne W. "Is Separation still an Important Component of Marital Dissolution?" Canadian Studies in Population 35, no. 1 (December 31, 2008): 187. http://dx.doi.org/10.25336/p62w3q.
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This research examines the diversification and changes in the Canadian family form over the past 25 years. While the husband-wife family has declined over this time period, it still remains the dominant family form. Statistics Canada census statistics allows for the examination of new family forms since 1981, as the common-law partnership and the now married have been distinguished within the husband-wife family category. With the introduction of the 1968 and 1985 Divorce Acts, separation became a major ground for divorce in Canada. Marital breakdown should be measured by the incidence of both divorce and separation. The popularity of cohabitation further clouds the measuring of total partnership breakdown since separation of cohabiting partners is not recorded. This research focuses on the change in marital separation and the increase in cohabitation since 1981. Marital separation has declined in its contribution to total marital dissolution since 1985.
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Kaltenborn, K.-F. "The welfare of the child in custody disputes after parental separation or divorce." International Journal of Law, Policy and the Family 12, no. 1 (April 1, 1998): 74–106. http://dx.doi.org/10.1093/lawfam/12.1.74.
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Hahlweg, Kurt, and Sabine Walper. "Beratungs- und Unterstützungsangebote für Paare vor, während und nach einer Trennung bzw. Scheidung." Sozialer Fortschritt 69, no. 8-9 (August 1, 2020): 611–25. http://dx.doi.org/10.3790/sfo.69.8-9.611.
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Zusammenfassung Chronische partnerschaftliche Konflikte, Scheidung oder Trennung der Eltern gehören zu den wichtigsten innerfamiliären Risikofaktoren, die die kindliche Entwicklung belasten und mit dem Entstehen kindlicher psychischer Störungen verbunden sind. Geeignete Interventionen sind daher notwendig, um eine Begrenzung oder sogar Beilegung der elterlichen Konflikte zu ermöglichen. Die verschiedenen Interventionen lassen sich einteilen in solche, die vor, während und nach der Scheidung zum Einsatz kommen können. Im vorliegenden Artikel wird ein methodenkritischer Überblick der Angebote gegeben und weiterer Entwicklungs- und Forschungsbedarf aufgezeigt. Abstract: Counselling Services For Couples Before, During and After a Separation or Divorce Chronic relationship conflicts and parental divorce or separation are among the most important intra-family risk factors that burden child development and are associated with the development of childhood mental problems. Appropriate interventions – especially in the interest of the child’s well-being – are therefore necessary to limit or even resolve parental conflicts. The various interventions can be divided into those that can be used before, during and after divorce. This chapter provides a method-critical overview of the interventions and identifies further need for development and research.
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WISENSALE, STEVEN K. "Marriage and Family Law in a Changing Vietnam." Journal of Family Issues 20, no. 5 (September 1999): 602–16. http://dx.doi.org/10.1177/019251399020005002.
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Marriage and family law in Vietnam has been greatly influenced by important historical events over the past 40 years. As a result, three major reforms have been implemented. The Marriage and Family Law of 1959 ended arranged marriages and polygamy and addressed the issue of gender equity. The Law on Marriage and the Family of 1986 clarified the legal obligations of married partners, identified more clearly parental responsibilities, and established new procedures for divorce. And, the 1994 Decree on Marriage and the Family was enacted to protect Vietnam's families from external influences and address concerns about rapid modernization. Lessons learned from Vietnam's experience may inform those researchers who are interested in studying family policy in other developing nations.
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Thomson, Elizabeth, Maria Winkler-Dworak, and Éva Beaujouan. "Contribution of the Rise in Cohabiting Parenthood to Family Instability: Cohort Change in Italy, Great Britain, and Scandinavia." Demography 56, no. 6 (November 11, 2019): 2063–82. http://dx.doi.org/10.1007/s13524-019-00823-0.
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Abstract In this study, we investigate through microsimulation the link between cohabiting parenthood and family instability. We identify mechanisms through which increases in cohabiting parenthood may contribute to overall increases in separation among parents, linking micro-level processes to macro-level outcomes. Analyses are based on representative surveys in Italy, Great Britain, and Scandinavia (represented by Norway and Sweden), with full histories of women’s unions and births. We first generate parameters for the risk of first and higher-order birth and union events by woman’s birth cohort and country. The estimated parameters are used to generate country- and cohort-specific populations of women with stochastically predicted family life courses. We use the hypothetical populations to decompose changes in the percentage of mothers who separate/divorce across maternal birth cohorts (1940s to 1950s, 1950s to 1960s, 1960s to 1970s), identifying how much of the change can be attributed to shifts in union status at first birth and how much is due to change in separation rates for each union type. We find that when cohabiting births were uncommon, increases in parents’ separation were driven primarily by increases in divorce among married parents. When cohabiting parenthood became more visible, it also became a larger component, but continued increases in parents’ divorce also contributed to increasing parental separation. When cohabiting births became quite common, the higher separation rates of cohabiting parents began to play a greater role than married parents’ divorce. When most couples had their first birth in cohabitation, those having children in marriage were increasingly selected from the most stable relationships, and their decreasing divorce rates offset the fact that increasing proportions of children were born in somewhat less stable cohabiting unions.
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Payne, Julien D., and Eileen Overend. "The Co-Parental Divorce: Removing the Children from the Jurisdiction." Revue générale de droit 15, no. 3 (May 9, 2019): 645–83. http://dx.doi.org/10.7202/1059529ar.
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The preservation of parenting rights in contested custody or access proceedings arising on the dissolution of marriage necessitates a judicial reconciliation or balancing of the competing interests of the children, the parents and members of any extended or reconstituted families. In C. v. C., (unreported, March 7, 1984, Ont. S.C.) the mother was held to the terms of a prior separation agreement and was ordered not to remove the children from the Province of Ontario without the father's consent or a further order of the court. In reaching this decision, the trial judge placed heavy reliance on the evidence of a mediator who had unsuccessfully attempted to resolve the differences between the parents and who was of the opinion that the children would be at risk if the mother proceeded with her plans to remarry and establish a new home for herself and the children in England. C. v. C. raises diverse fundamental issues concerning the legal resolution of parenting disputes on marriage breakdown or divorce. The following issues are addressed in the commentary of this judgment (reproduced in annex): 1. What significance, if any, does, and should, a court give to the express terms of a separation agreement? 2. If a mediator is retained, should the mediation process, including the mediator's evaluation, be “open” (i.e. subject to disclosure to the court) or “closed” (i.e. confidential and excluded from any evidence adduced in subsequent judicial proceedings)? 3. How can the best interests of the children — the legal criterion to be applied in the adjudication of parenting disputes — be reconciled with the best interests of other concerned family members? 4. Could, and should, the court have addressed the possibility of some alternative form of parenting arrangements that might accomodate the competing interests of all the affected parties? 5. To what extent can the courts legally fetter the freedom of a custodial parent to establish a new home for (i) herself (or himself) and (ii) the children? Some of these issues are specifically addressed in the unreported reasons for judgment. Others are ignored. The purpose of this commentary is to canvass these issues and point to the need for a family-oriented approach to the resolution of parenting disputes, rather than an individual rights approach, such as has been traditionally adhered to by the courts in the adjudication of custody and access disputes.
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Dethloff, Nina. "Changing Family Forms: Challenges for German Law." Victoria University of Wellington Law Review 46, no. 3 (October 1, 2015): 671. http://dx.doi.org/10.26686/vuwlr.v46i3.4908.
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The diversity of family life is increasing. The rise in unwed parents, divorce rates, re-partnering, same-sex partnerships and artificial reproduction have led to a great variety of family forms that are far apart from the concept of the marriage-based family underlying the German Civil Code of 1900. Despite substantial amendments, the Civil Code in many respects does not correspond to the existing diversity of present-day family forms. A brief outline of the societal changes is followed by an overview of the legal impact of different family forms on children and the key points that are presently under discussion in this field. Subsequently, the changes resulting from the appearance of new partners as potential new parents will be addressed. The current legal situation concerning parental responsibility, as well as its deficits and options for reform, will be reflected upon, mainly with regard to German law. Developments in other countries, particularly in New Zealand, are taken into account.
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Kurtz, Linda. "Coping Processes and Behavioral Outcomes in Children of Divorce." Canadian Journal of School Psychology 11, no. 1 (December 1995): 52–64. http://dx.doi.org/10.1177/082957359501100107.
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This investigation comparatively examines coping strategies and maladaptive behavior in elementary schoolchildren who have experienced parental divorce and their peers from nondivorced families. A sample of 122 elementary school children and their parents participated in this study. Half the sample was from families where marital disruption had occurred, and the remainder was from homes with no previous history of marital separation. Although children from the two family configurations demonstrated differences in problem behaviors, no significant between-group differences with respect to children's coping strategies were noted. The frequency and effectiveness of children's coping strategies were found to vary as a function of the time since marital disruption.
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Deleury, Édith. "L'union homosexuelle et le droit de la famille." Homosexualité et droit 25, no. 4 (April 12, 2005): 751–75. http://dx.doi.org/10.7202/042626ar.
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Homosexuals have asserted their rights more vocally in many areas of the law in the past decade. It was inevitable that the area of family law and child custody would be affected by this trend. In this paper, the author tries to compare and assess the moral standards which govern family relationships and how those standards are reflected in the laws relating to marriage, divorce and appreciation by the courts of parental fitness.
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Khalaphi, Ali, Mohammad Roshan, and Ebrahim Taghizadeh. "Kinds of Physical Subtraction in Islamic Jurisprudence and Iranian Law." Journal of Politics and Law 9, no. 2 (March 31, 2016): 163. http://dx.doi.org/10.5539/jpl.v9n2p163.
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<p>It must be said that the family foundation is based on agreement, dedication, recognition of others rights and to respect them, observing the principle of sacrifice and patience in adversity. If a couple could not compromise with each other, regardless of its reason, this important foundation will be decomposed and agreement in family will strengthen the power of family. By provocation of differences, family will lose its function and disagreements will show up that may lead to divorce. In Iran legal system, the only foundation that can be said has similarities with physical separation, is the foundation of ‘Uddah’ after revocable divorce. In the period of said ‘Uddah’, the couple has some responsibilities of marriage, but there is no force of coexistence and coition. Special docility with meaning of responding to sexual needs of couple is not among the joint task.</p>
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Sardi, I., M. Censullo, M. Rousseau, M. Guidi, F. Giordano, C. Fonte, S. Farina, F. Carra, and L. Genitori. "P08.03 Separation and divorce after the diagnosis of child’s brain tumor." Neuro-Oncology 21, Supplement_3 (August 2019): iii37. http://dx.doi.org/10.1093/neuonc/noz126.129.
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Abstract BACKGROUND The diagnosis of a child’s brain tumor is a terrible situation for every member of the family. Numerous are the case of separations and divorces in Italy after a diagnosis of a child’s cancer. In particular, it happens with parents of children affected with brain tumor, being the most frequent solid tumor and the first cause of a tumor child’s death. The crisis related to the discovery of a tumor consists of four phases: shock, reaction, processing and re-orientation. It can happen that the diagnosis, experienced as a traumatic experience, can unite the family members as well as separate them. If there is already a process of family disintegration, a trauma can be a cause for breakup. The aim of our study was to investigate the possible correlation between brain tumor diagnosis in children and parental separations/divorces. MATERIAL AND METHODS We considered 427 patients afferent from 2012 to 2018 to the Neuro-Oncology Unit of the Meyer Children’s Hospital. Brain tumors are the 55–60% of all the tumors of our hospital, with an extra-regionality greater than 65%. The data analysis was conducted through information obtained directly from the families during follow-up visits or by telephone interviews. RESULTS Consistent with literature data in our series, the most frequent brain tumors were low-grade gliomas medulloblastomas, high-grade gliomas, ependymomas, midline diffuse gliomas, craniopharyngiomas, germ cell tumors and other rare pediatric tumors. The population was divided in 16 females and 18 males from different Italian regions: 65% from Central Italy, 23% from the South and Islands, 12% from the North. Data analysis showed 34 cases of separation and/or divorce, equal to 7% of our whole population, during treatment and more frequently at the end of treatment or after death. The median age of the 34 patients at the diagnosis of brain tumor was 9.5 years (range 1–19 years), with a higher percentage of cases of separations (41%) for parents of patients aged 10 years-14 years; 7 were the cases of separation and/or divorce when the diagnosis of brain tumor was made around 12–48 months after the child birth. CONCLUSION The diagnosis of a child’s brain tumor can generate stress in the family leading to different reactions, such as conflicts between parents or a real family crisis. The results of our study suggest a possible correlation between the diagnosis of a child’s brain tumor and the cases of separation and/or divorce. High risk medulloblastomas and high-grade gliomas that are likely to have a shorter path due to the unfavorable prognosis of the disease, appear to be the pathologies more often related to situations of family disputes. However, further investigations are necessary to verify the trend emerged from our study respect to the normal population.
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Twaite, James A., and Anya K. Luchow. "Custodial Arrangements and Parental Conflict following Divorce: The Impact on Children's Adjustment." Journal of Psychiatry & Law 24, no. 1 (March 1996): 53–75. http://dx.doi.org/10.1177/009318539602400104.
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This article presents a review of the substantial literature concerned with the question of how children from divorced families adjust under different custodial arrangements. Existing empirical research tends to be methodologically weak, and the results reported have been inconsistent. Moreover, the level of interparental conflict present in the family before and after the divorce appears to be a powerful mediating variable that affects children's adaptation to different custodial situations. It is concluded that custodial decisions should be made on an individual basis, with no presumption that custody should be awarded to either the mother or the father. It is clear that regardless of the decision regarding custody, parents should be educated regarding the importance of avoiding overt hostility and establishing a workable co-parenting relationship.
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Boccio, Cashen M., and Kevin M. Beaver. "The Influence of Family Structure on Delinquent Behavior." Youth Violence and Juvenile Justice 17, no. 1 (August 29, 2017): 88–106. http://dx.doi.org/10.1177/1541204017727836.
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Previous research has linked changes in family structure (especially parental divorce) with involvement in juvenile delinquency. Comparatively less research has attempted to examine the long-term impact of shifts in family structure on delinquent and criminal involvement. The current study addresses this gap in the literature by examining the influence of changes in family structure during adolescence on delinquent involvement both cross sectionally and longitudinally. Our findings revealed a small and only temporary association between changes in family structure and adolescent delinquency. We discuss the implications of these results for future research.
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Kier, Cheryl, Charlie Lewis, and Dennis Hay. "Maternal accounts of the costs and benefits of life experiences after parental separation." Psicologia: Teoria e Pesquisa 16, no. 3 (December 2000): 191–202. http://dx.doi.org/10.1590/s0102-37722000000300002.
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Recent analyses both question the assumption that parental separation only has negative effects on families and suggest that attention should be paid to the diversity of experiences post divorce. The latter may be accomplished by combining methods, examining different levels of individuals' experiences. Seventy-six mothers from separated and married families with a child aged 20 months participated in an interview and a life-events questionnaire and these are compared with a range of developmental tests conducted with the mother or child. Separated mothers reported more recent life events than married mothers and rated some more negatively and also others more positively. In regression analyses the only significant predictor of positive life experiences was marital status. Marital status and expressed difficulties in parenting predicted negative life experiences. The results suggest a subtle balance of disadvantages and gains post separation, which must be explored before longitudinal patterns of child and family adjustment are fully understood.
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Radovanovic, Helen, Mary Motz, Eric Hood, and Frances Tam. "Child and Family Characteristics of Children's Post-separation Visitation Refusal." Journal of Psychiatry & Law 25, no. 1 (March 1997): 33–49. http://dx.doi.org/10.1177/009318539702500104.
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Approximately 20% of parents who separate are unable to settle custody and/or visitation issues and seek the intervention of court-related professionals. A large proportion of children involved in these disputes are reluctant to visit or refuse to visit with one parent. This study explored the child (age, gender, birth order) and family characteristics (history of interparental conflict and violence, nature of parental concerns, parental attitude toward visitation) related to post-separation visitation reluctance and refusal among 59 children in custody/visitation disputes. The findings highlight the interaction of child and family factors in shaping children's attitudes toward visitation. Consistent with other studies, older children more often had negative attitudes about visitation. A history of interparental violence also characterized the families of children who held negative views about the visiting parent. Although custodial parents were less supportive of visitation, they were no more likely to undermine visits or denigrate the other parent when children expressed negative sentiments about visitation.
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Stojanowska, Wanda. "POSTULAT PRZENIESIENIA AMERYKAŃSKIEJ KONCEPCJI „PLANU WYCHOWAWCZEGO” ROZWODZĄCYCH SIĘ RODZICÓW NA GRUNT PRAWA POLSKIEGO." Zeszyty Prawnicze 7, no. 2 (June 23, 2017): 7. http://dx.doi.org/10.21697/zp.2007.7.2.01.
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The Postulate for Importing an American Concept of the „Upbringing Plan” of the Divorcing Parent into the Polish Family LawSummaryThe article presents the way in which the „upbringing plan” of divorcing parents functions in the United States on the example of its application in the states of Washington and Michigan. The American legislator created conditions for realization of the idea of a mutual performance of the parental authority by divorced parents among other things by means of a detailed regulation on the manner of preparation of such a plan according to a „Questionnaire” designed for this aim.This „upbringing plan” is to fulfil in particular four functions: a) to simplify parent’s regulation of the situation after the divorce; b) normative function; c) educational function; d) preventive function.The author critically analysis the provisions of the family and custodian code regulating the forms of the determinations regarding the parental authority in the divorce verdict and she compares them with American provisions on the „upbringing plan”. On these basis she concludes that first the plan is a perfect concept from both the legal and psychological perspective aiming at protecting the child’s good and second it ideally suits Polish divorce law, both de lege lata and de lege ferendoj It is, however, important in what manner the change of law will be performed.This kind of interception of a modern legislative solution provided for in America in the author’s view would definitely eliminate problems connected with the performance of the parental authority by divorced parents.
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Laing, Lesley. "Secondary Victimization: Domestic Violence Survivors Navigating the Family Law System." Violence Against Women 23, no. 11 (August 23, 2016): 1314–35. http://dx.doi.org/10.1177/1077801216659942.
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This qualitative study explored the experiences of 22 domestic violence survivors attempting to negotiate safe post-separation parenting arrangements through the Australian family law system. Their allegations of violence put them at odds with a system that values mediated settlements and shared parenting. Skeptical responses, accusations of parental alienation, and pressure to agree to unsafe arrangements exacerbated the effects of post-separation violence. Core themes in the women’s narratives of engagement with the family law system—silencing, control, and undermining the mother–child relationship—mirrored domestic violence dynamics, suggesting the concept of secondary victimization as a useful lens for understanding their experiences.
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Sillekens, Sacha, and Natascha Notten. "Parental Divorce and Externalizing Problem Behavior in Adulthood. A Study on Lasting Individual, Family and Peer Risk Factors for Externalizing Problem Behavior when Experiencing a Parental Divorce." Deviant Behavior 41, no. 1 (November 29, 2018): 1–16. http://dx.doi.org/10.1080/01639625.2018.1519131.
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Kamińska, Katarzyna. "Joint Physical Custody After Parental Separation: A Polish Perspective." Eastern European Journal of Transnational Relations 4, no. 2 (2020): 87–106. http://dx.doi.org/10.15290/eejtr.2020.04.02.05.
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The aim of this paper was to present the characteristics of joint physical custody in Polish family law. For this purpose the relevant regulations of the Polish law were analysed. In the paper, the substantive as well as the procedural provisions were compared. The Family Court may award joint physical custody if the parties have made an agreement, consistent with the welfare of the child, or in the absence of such a parenting agreement, having regard to a child’s right to both parents. One hypothesis assumes that joint physical custody does not mean only symmetric child custody arrangements, and its proper application by courts is determined by taking into account many different factors. In the paper, the results of the examination referred to joint custody in child custody law in Germany and the Swedish experience of joint physical custody, were presented. The main advantage of joint physical custody is to provide both parents equal control over decision regarding a child’s upbringing and to split the time that a child spends living with each of them. This paper contains a reflection on joint physical custody in the face of COVID-19. The current pandemic is having an enormous impact on families. During this particular time, it is time to become more cooperative and more fluid, not less.
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Holdnack, James A. "The Long-Term Effects of Parental Divorce on Family Relationships and the Effects on Adult Children's Self-Concept." Journal of Divorce & Remarriage 18, no. 3-4 (March 15, 1993): 137–55. http://dx.doi.org/10.1300/j087v18n03_09.
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Valls-Vidal, Clara, Anna Garriga Alsina, Carles Pérez-Testor, Juan Guàrdia-Olmos, and Raffaella Iafrate. "Young Adults’ Individuation with Mother and Father as a Function of Dysfunctional Family Patterns, Gender and Parental Divorce." Journal of Divorce & Remarriage 57, no. 4 (May 6, 2016): 245–65. http://dx.doi.org/10.1080/10502556.2016.1160480.
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Uphold-Carrier, Holly, and Rebecca Utz. "Parental Divorce Among Young and Adult Children: A Long-Term Quantitative Analysis of Mental Health and Family Solidarity." Journal of Divorce & Remarriage 53, no. 4 (May 1, 2012): 247–66. http://dx.doi.org/10.1080/10502556.2012.663272.
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Holewińska-Łapińska, Elżbieta. "SPOŁECZNE ASPEKTY STOSOWANIA „ZASADY” INTEGRALNOŚCI WYROKU ROZWODOWEGO." Zeszyty Prawnicze 5, no. 2 (June 14, 2017): 23. http://dx.doi.org/10.21697/zp.2005.5.2.02.
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Social Aspects of Implementing the Rule of Integrity of a Divorce VerdictSummaryThe provisions regulating a divorce are binding on the whole Polish territory since 1 January 1946 The main consequences of adjudging a divorce should be included in the divorce verdict, and the court decides on them ex officio.At present the court states ex officio whether and which of the spouses is guilty for the breakdown of the marriage (the court is entitled to leave the issue without a decision at the mutual request of both parties) as well as the parental authority over a minor child, the costs of providing for a child and his upbringing and if the spouses share an apartment, the court also decides on the manner of its use (art. 57, 58 § 1 and 2 of the Family and Custody Code).It is an unquestionable and commonly accepted concept that appealing a primary decision on a dissolution of the marriage prevents other court’s orders being a consequence of a divorce from becoming effective. The „rule” of integrity of a divorce verdict assumes, however, that it is necessary to reverse a whole judgment in the appeals proceedings if there are basis to overrule one of the decisions included therein (e.g. regarding guilt, parental authority) As a consequence, if a different order than a decision on a divorce has been appealed the verdict in the part that has not been appealed cannot become valid. Such an understanding of the „rule” of integrity of a divorce verdict is a result of the considerations on the social consequences of a divorce for a family. The article presents the doctrine and the verdicts of the Supreme Court which contributed to working out this understanding. They realize efficiently the concept of a divorce included in the Family and Custody Code.In the second half of the 90s of the XX century the concept of the rule of integrity of a divorce verdict widely understood started to raise doubts in connection with the changes in the civil proceedings which strengthened dispositiveness (dyspozytywnosc) and the adversary character of the proceedings. At the same time it was observed in Poland that the numer of weddings decreased, more couples started to live in informal relations, there was a massive increase of children born out of a wed-lock as well as the increase in number of the divorce matters filed with courts.The author invites to a discussion on the Polish divorce law in the light of the changes in the model of a Polish family and attitudes towards divorces and heterosexual cohabitation. The purpose of realization of the „rule” of integration of the divorce verdict should be one of the elements of this discussion. Its acceptance should lead to amendments to the Code of Civil Proceedings (with regard to appealing a verdict on a divorce) related to the concept of validity of a verdict, material scope of the appeals court’s recognition and the interdiction of reformationis in peius. The present law makes the rule impossible to realize when the dissolution of the marriage was appealed.The drafts of the divorce law that are presented in literature aim at its liberalization. Applying the „rule” of the integrity of a divorce verdict hinders obtaining a divorce.
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Huijbregts, Stephan C. J., Jean R. Séguin, Mark Zoccolillo, Michel Boivin, and Richard E. Tremblay. "Maternal prenatal smoking, parental antisocial behavior, and early childhood physical aggression." Development and Psychopathology 20, no. 2 (2008): 437–53. http://dx.doi.org/10.1017/s0954579408000217.
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AbstractThis study investigated joint effects of maternal prenatal smoking and parental history of antisocial behavior on physical aggression between ages 17 and 42 months in a population sample of children born in Québec (N = 1,745). An analysis of variance (ANOVA) showed significant main effects of maternal prenatal smoking and a significant interaction between maternal prenatal smoking and mother's history of antisocial behavior in the prediction of children's probability to display high and rising physical aggression. The interaction indicated that the effects of heavy smoking during pregnancy (≥10 cigarettes/day) were greater when the mother also had a serious history of antisocial behavior. The effects remained significant after the introduction of control variables (e.g., hostile-reactive parenting, family functioning, parental separation/divorce, family income, and maternal education). Another significant interaction not accounted for by control variables was observed for maternal prenatal smoking and family income, indicating more serious effects of maternal prenatal smoking under relatively low-income, conditions. Both interactions indicate critical adversities that, in combination with maternal prenatal smoking, have supra-additive effects on (the development of) physical aggression during early childhood. These findings may have implications for the selection of intervention targets and strategies.
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Taylor, Nicola. "Relocation Following Parental Separation: International Research, Policy and Practice." Children Australia 38, no. 4 (December 2013): 134–42. http://dx.doi.org/10.1017/cha.2013.22.
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Relocation disputes are widely regarded internationally as one of the most difficult and controversial issues in family law. This article outlines the legal context governing relocation disputes in New Zealand and briefly reviews the research literature on the impact of parental separation and relocation. The key findings are then set out from a three-year study (2007 to 2009) with 100 New Zealand families where one parent had sought to relocate with their child(ren), either within New Zealand or internationally. Interviews were conducted with 114 parents and 44 children and young people from these families about their experiences. The article concludes by traversing the efforts being made in the international legal policy context to adopt a more consistent approach to relocation disputes in common law jurisdictions.