To see the other types of publications on this topic, follow the link: Family Law Act.
Dissertations / Theses on the topic 'Family Law Act'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 37 dissertations / theses for your research on the topic 'Family Law Act.'
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 dissertations / theses on a wide variety of disciplines and organise your bibliography correctly.
1
Nixon, Valerie. "Valuation and distribution of pension benefits under the Family Law Act, 1986." Thesis, University of Ottawa (Canada), 1991. http://hdl.handle.net/10393/7538.
Full text
2
Sammon, William J. "The Ontario Child and Family Services Act: Maintaining the balance between competing rights." Thesis, University of Ottawa (Canada), 1990. http://hdl.handle.net/10393/5823.
Full text
3
Elliott, Anne A. "Rights in Conflict: Freedom of Information versus the Family Education Rights and Privacy Act." Ohio University Honors Tutorial College / OhioLINK, 2012. http://rave.ohiolink.edu/etdc/view?acc_num=ouhonors1341505659.
Full text
4
Lei, Cheng Teng. "Understanding socio-legal impact on law-making :a study on the legislation of the domestic violence act in Macau." Thesis, University of Macau, 2016. http://umaclib3.umac.mo/record=b3570074.
Full text
5
Vogt, Tertia. "The impact of an interim protection order (Domestic Violence Act 116 of 1998) on the victims of domestic violence." Thesis, Link to the online version, 2007. http://hdl.handle.net/10019/485.
Full text
6
Cunha, Michele Lee. "Privacy Rights for Families and Children in K-12 Schools| A Mixed-Methods Study on the Effects of Perceptions of Educators on Implementation of the Family Educational Rights and Privacy Act (FERPA)." Thesis, Concordia University Irvine, 2018. http://pqdtopen.proquest.com/#viewpdf?dispub=10843290.
Full textAbstract:
In the 1960s and 1970s, there was an important issue in education that dealt with student privacy. Student education records were not accessible to parents, and important decisions were being made for the students without input from the parents. Based on this abuse, the Family Educational Rights and Privacy Act (FERPA) was signed into law.
The purpose of this study was to determine if site administrators and teachers from educational institutions understand how to enforce FERPA. This study assessed the site administrators’ understanding of FERPA via a survey with questions on the knowledge of FERPA, student data, and student/parent rights. The study also assessed the impact of providing FERPA training to site administrators with a pre- and post-test. Interviews were conducted with the teachers to gain an understanding of their knowledge of FERPA with questions on student confidentiality and student data. The methodology for this study was a mixed-methods approach that used a one-group pretest-posttest design for the quantitative research and was supplemented by the qualitative data.
The results presented in this study contribute to the research literature on the importance of being trained in FERPA to enforce compliance and protect student confidentiality and privacy. Although there was a small sample size, there were slight increases from the pre-test to the post-test, which reinforces the importance of being trained on FERPA.
7
Maumont, Bertrand. "L'acte juridique en droit des personnes et de la famille." Thesis, Bordeaux, 2015. http://www.theses.fr/2015BORD0130.
Full textAbstract:
En dépit du rôle croissant concédé aux volontés individuelles en droit des personneset de la famille, les phénomènes de volonté saisis par cette branche du droit pâtissent d’uneconstruction juridique lacunaire. Les liens avec la théorie de l’acte juridique sont peuexplorés ou n’apparaissent qu’ à travers le prisme déformant de l’approche institutionnelleet légaliste qui est généralement adoptée.En rupture avec le mythe de l’autonomie du droit des personnes et de la famille, cettethèse entend démontrer l’apport de cette branche du droit à la théorie générale de l’actejuridique.Il est possible de dépasser les spécificités apparentes des phénomènes de volontérencontrés en recourant à une théorie moderne de l’acte juridique. Fondée sur un principede causalité décrivant le lien permanent entre les volontés et des données objectives,façonnée par un ensemble de « techniques », la théorie générale peut être tantôtperfectionnée, tantôt enrichie, sous l’influence du droit des personnes et de la famille.De tout ceci, il résulte que le droit commun des contrats a vocation à s’appliquer, aumoins subsidiairement, dans le cadre des techniques « initiales », analogues à cellesconsacrées par la théorie du contrat. Quant aux techniques « intégrées » qui révèlent lesréelles originalités de l’acte juridique personnel ou familial, elles ne dérogent pas à lathéorie générale et sont même susceptibles de tirer profit de la transversalité de cettedernière. En tout cas, se dessine un droit spécialisé de l’acte juridique qui mériterait d’êtreconçu comme tel aussi bien par la doctrine que par les praticiensDespite the increasing role granted to individual intent in the law of personsand family, the phenomena of intent as grasped by this body of law suffer from a deficientlegal construct. The links with the theory of the legal act are little explored or emerge onlythrough the distorting prism of the institutional and legalistic approach which is generallyadopted.Breaking with the myth of the autonomy of the law of persons and family, this thesiswill seek to demonstrate the contribution made by this branch of law to the general theoryof the legal act.It is possible to go beyond the apparent specificity of the phenomena of intent byusing a modern theory of the legal act. Based on a principle of causality describing thepermanent link between intent and objective data, shaped by a set of "techniques", thegeneral theory is sometimes improved, sometimes enhanced under the influence of the lawof persons and family.From all this, it follows that the common law of contract is intended to apply, atleast alternatively, in the context of “initial” techniques, similar to those enshrined in thetheory of contract. As for "integrated" techniques, which show the real distinctiveness of thepersonal or family legal act, they do not derogate from the general theory and are evenlikely to benefit from its transversality. In any case, a specialised law emerges from thelegal act that ought to be conceived as such both by doctrine and practitioners
8
Nardi, Fernanda Lüdke. "Adolescentes em conflito com a lei : percepções sobre família, ato infracional e medida socioeducativa." reponame:Biblioteca Digital de Teses e Dissertações da UFRGS, 2010. http://hdl.handle.net/10183/23013.
Full textAbstract:
Este estudo investigou as percepções de adolescentes autores de ato infracional sobre sua própria família, o ato infracional cometido e a medida socioeducativa. Foram realizados estudos de caso com três adolescentes, do sexo masculino, com idades entre 15 e 18 anos, que cumpriam medidas socioeducativas em meio aberto. Os instrumentos utilizados foram uma entrevista semiestruturada, o genograma e o Family System Test (FAST). Foram feitas análises individuais de cada caso e uma discussão integrada, enfocando os contextos de desenvolvimento e a infração juvenil. Foram identificados os fatores de proteção e de risco presentes nos contextos nos quais os jovens estavam inseridos, sendo que as práticas educativas parentais foram percebidas como fator de risco no desenvolvimento destes jovens, enquanto que a medida socioeducativa foi percebida como um importante fator de proteção. Destaca-se a importância de estudos que investiguem os fatores individuais e ambientais envolvidos na problemática da infração juvenil, para que possam ser propostos programas de prevenção e intervenção adequados.This study investigated the perceptions of adolescents who were authors of infraction acts on their own families, the committed infraction act and the socio-educational measure. Case studies were conducted with three adolescents, male, aged between 15 and 18 years old who were in freedom, but followed by a supervised socioeducative measure. The instruments utilized were a semi-structured interview, a genogram and the Family System Test (FAST). In addition, individual analyses from each case and an integrated discussion were carried out, focusing on contexts of development and youth infraction. Risk and protection factors were identified in the contexts in which the young individuals lived and the parent educational practices were perceived as a risk factor in the development of these young individuals, while the socio-educational measure was perceived as an important protection factor. Finally, the importance of studies that investigate individual and environmental factors involved in the issue of youth infraction were highlighted which allows that adequate programs of prevention and intervention are proposed.
9
Peketi, Essodjilobouwè. "Essai critique sur la notion d’homologation judiciaire." Thesis, Paris 2, 2018. http://www.theses.fr/2018PA020078.
Full textAbstract:
S’il est une activité judiciaire qui exprime à elle seule les métamorphoses de la fonction de juger, c’est bien celle de l’homologation, procédure judiciaire qui assure le contrôle d’actes déjà valides entre les parties ou qui le deviendront si leur conformité aux exigences du droit substantiel est judiciairement reconnue. Mais si l’homologation implique toujours un acte conventionnel auquel s’adjoint une intervention du juge, force est d’observer que les procédures d’homologation n’ont de commun que le nom. Car, ce que l’on désigne par homologation judiciaire, ce sont, en termes de finalités, des procédures distinctes les unes des autres. Il faut dire que les règles procédurales de l’homologation judiciaire dépendent fortement du droit substantiel en cause. Ici, le fond commande la procédure. C’est le droit de fond qui, dans chaque matière dans laquelle l’homologation est demandée, dicte sa conduite procédurale au juge. A preuve, l’étendue du contrôle judiciaire exercé sur l’acte des parties. Large en matière administrative et en droit du travail, le contrôle judiciaire est restreint dans le cadre des autres transactions extrajudiciaires. Qu’en est-il du régime des accords homologués ? C’est encore, et d’abord, une affaire de droit substantiel. On pourrait multiplier les exemples. Bornons-nous à l’autorité de la chose jugée, reconnue à l’accord homologué dans les matières pénale et de divorce consensuel, et refusée à l’acte notarié homologué en matière de changement de régime matrimonial. Chose jugée également reconnue aux transactions homologuées en matière administrative, mais refusée aux transactions homologuées dans les matières civiles. Ces brèves indications confortent sans doute cette idée que l’homologation judiciaire relève d’abord des exigences du droit substantiel. Elles expriment aussi le fait qu’il n’existe pas une, mais des notions d’homologation. Partant, l’activité judiciaire d’homologation des actes juridiques se prêtera mal à une théorie généraleJudicial approval shows in a remarkable way how the function of judging contains different aspects. This Judicial activity is in itself a judicial procedure which ensures the control of agreements validly concluded between parties or which will become valid if their conformity with the requirements of substantive law is judicially recognized / if their conformity with the requirements of substantive law is established/ if these agreements fulfil the conditions required by the substantive law.If there is no doubt that the process of judicial homologation is unique, it must be however observed that the homologation procedures according to their purposes are distinct from each other. In fact, the procedural rules of judicial approval/judicial depend considerably on the substantive law to be applied. That’s why, it can be said in this context, that substantive law controls procedural law; for it is substantive law which determines the judge's procedural conduct when judicial approval is requested. The degree or level of the judicial control exercised over the agreements of the parties is a proof of this.What about the registration judgment regime? It is inspired by the substantive law of each subject in which the registration judgment is rendered. We could give more examples. Let us confine ourselves to the authority of res judicata, allowed in the approved agreement on divorce by mutual consent, and refused in the approved notarial deed on change of matrimonial regime. The authority of res judicata is also considered to be admitted for certified transactions in administrative matters, but rejected for certified transactions in civil matters. These brief indications probably support the idea that judicial homologation is primarily a matter of substantive law. In other words, contrary to what is often said in doctrine, homologation is a matter of substantive law before it is a procedural matter
10
Howieson, Jillian Alice. "Family law dispute resolution : procedural justice and the lawyer-client interaction." University of Western Australia. Law School, 2009. http://theses.library.uwa.edu.au/adt-WU2009.0109.
Full textAbstract:
While several Australian and international studies have explored the family lawyer-client interaction, these studies have been limited to investigations of discrete areas of the lawyerclient relationship and have been necessarily limited in their methodologies. The present study employed a quantitative empirical methodology in an Australian wide field study of 230 family lawyers and 94 clients that investigated the family lawyer-client interaction from a procedural justice framework. Using multivariate analyses, the study establishes that the Tyler and Blader two-component model of procedural justice applies in the lawyer-client dyad and is influenced by the approach of the lawyer, the emotional response of the client, and the level of co-party conflict that the client is experiencing. Further, the study gives meaning to the terms 'conciliatory and constructive' and 'adversarial' as they apply to family law dispute resolution. The study establishes a construct to measure the conciliatory and adversarial approach of family lawyers and identifies that lawyers tend to incorporate a mixture of the two into their work. The results also identify four distinct behavioural factors that characterise the two approaches: the client-centred and interest-based factors characterise the conciliatory approach; and the lawyer-directed and court-focused factors characterise the adversarial. The study found that in terms of perceptions of fairness, and feelings of satisfaction, the clients preferred the lawyers who took a client-centred and interest-based approach, but in circumstances where the clients were experiencing high-levels of conflict, or fear for the safety of their children, they also appreciated the lawyer who was lawyer-directed and court-focused. Overall, the study shows that in order to create a fair and satisfying dispute resolution service for their clients, family lawyers need to maintain a fine balance of family lawyering behaviour. On a general level, the study provides a profile of Australian family lawyers in terms of their approach to dispute resolution, their attitude towards ADR processes and their favoured negotiation styles. It also profiles family law clients in terms of their emotional adjustment to the divorce and their perceptions of the family lawyers assisting them to resolve their disputes. The study substantially expands the procedural justice theory base and has significant implications for practical family law education, government policy, family lawyering, and the ADR and collaborative law movements. The study indicates where future research could benefit these communities.
11
au, tsummerf@law uwa edu, and Tracey Lee Summerfield. "Families of Meaning: Dismantling the Boundaries Between Law and Society." Murdoch University, 2004. http://wwwlib.murdoch.edu.au/adt/browse/view/adt-MU20050810.115925.
Full textAbstract:
Legal positivism insists upon a distinction between the inside and outside of law. The common law and statutory rules of interpretation assist in maintaining this distinction, establishing the myth that legal decision-making is a purely objective and rational process, giving rise to internal truths. While critical theorists have illustrated the ways in which the lines between the inside and outside are always blurred, there remains a perceived distinction, in law, between the interpretation of concepts that occurs in the law and that which occurs outside the law. Only the former have legal legitimacy. The idea of the legal family is a case in point, where the law defines family according to its own prescriptions irrespective of how family is constituted by non-legal communities. In this thesis, I consider the meanings of family in different spheres to show how the lines between the social, the political and the legal consistently overlap. I then develop a mechanism by which the law can acknowledge and affirm that which is outside. This requires, firstly, a conception of law as communication and of legal interpretation as a constructive process. Secondly, the task demands that jurists engage with the semiotic processes of the everyday and that legal concepts, at least those that exist independently of the law (family for example) be framed with an open indexicality. This might enable such concepts to be interpreted according to a range of contexts, other than (or in addition to) the legal one. Finally, using the family as an example, I illustrate how a semiotic approach can assist legal interpretation, reform and analysis.
12
Summerfield, Tracey. "Families of meaning : dismantling the boundaries between law and society /." Access via Murdoch University Digital Theses Project, 2004. http://wwwlib.murdoch.edu.au/adt/browse/view/adt-MU20050810.115925.
Full text
13
Boniface, Amanda Elizabeth. "Revolutionary changes to the parent-child relationship in South Africa, with specific reference to guardianship, care and contact." Thesis, Pretoria : [s..n.], 2007. http://upetd.up.ac.za/thesis/available/etd-10222007-163657/.
Full text
14
Spiteri, Tracey Carmen, and tracey spiteri@optusnet com au. "Smoothing the Way: Investigating the Enforcement of Parenting Orders." RMIT University. Global Studies, Social Science and Planning, 2007. http://adt.lib.rmit.edu.au/adt/public/adt-VIT20080102.130653.
Full textAbstract:
Family Law within Australia has undergone extensive legislative and operational changes since its inception. It is an area of law that impacts upon a number of stakeholders such as children, parents, law enforcement agencies, the Government and judicial officers. The research took a small facet of the operation of the Family Law Act 1975, namely the enforcement of parenting orders by police services. The focus of the research was to unfold the process and difficulties encountered by police services when executing a recovery order issued by the Courts under s. 67 of the Family Law Act 1975. It further explored police perspective, training and organisational service delivery, in carrying out their duties. Two qualitative methodological approaches were used in this research. The main approach used was Grounded Theory. Narrative Inquiry was also incorporated into the research. The objective of Narrative Inquiry is to create social context from story telling. Participants were asked to describe their experiences when executing recovery orders. Interviews were undertaken with members from the Victoria Police and the Australian Federal Police (AFP) who have had experience with the execution of recovery orders. These participants were also asked to construct the process when a recovery order is executed and to describe the atmosphere. In addition, journaling and observations were used. These observations took place in the Family Court and Federal Magistrates' Court in Victoria. The findings and relevant literature indicated that police disliked becoming involved in executing recovery orders. The Police perceived family law in general not to be a central area of policing. These findings parallel earlier findings from an Australian Parliamentary report in 1992. Furthermore, the findings indicated that little organisational commitment was placed on the function of enforcing recovery orders. This was indicated by the limited and inconsistent resources provided by the Australian Federal Police (AFP) to fulfil their obligations, and the lack of training offered to police members. The findings indicated that the Police would take initial steps prior to executing the order. They would contact the applicant parent to assist with inquiries to locate a child, assess variables such as the potential for violence and arrange with the applicant parent where the child would be delivered. In addition, even though the findings outlined that recovery orders were fairly non-complex to execute, at times there would be difficulties in locating a child and finalising arrangements for a child to be returned to a parent. The findings also indicated that there was no clear practice as to which section of the Victoria Police would execute a recovery order if requested by the AFP. Whilst the findings need to be considered carefully in light of the small sample group, it did indicate that there are some difficulties with the process and value placed by police services within Australia on the execution of recovery orders.
15
Taylor, Nicola J., and n/a. "Care of children : families, dispute resolution and the Family Court." University of Otago. Children's Issues Centre, 2006. http://adt.otago.ac.nz./public/adt-NZDU20060810.120428.
Full textAbstract:
This study explored family members� experience of, and satisfaction with, New Zealand Family Court dispute resolution processes concerning children�s care arrangements following parental separation. A qualitative method was employed, using individual interviews with 22 parents and 8 children from 15 families, in three court districts, during 2001-2002. Follow-up interviews were also conducted with the parents one year later to assess the factors affecting compliance with their agreements and court orders. Focus groups were held with 16 Family Court professionals (lawyers, counsellors, specialist report writers and judges) in two cities to obtain their views on the family members� perspectives.
Sociocultural and ecological theories, the sociology of childhood and the UNCRC provided the conceptual basis for the research. Historical developments in child custody and divorce laws, which provided the impetus for the establishment of Family Courts internationally, have also been reviewed.
Each parent was legally represented, with 87% of the families also attending Family Court counselling and judge-led mediation conferences. Defended hearings occurred in 27% of the cases. Family members reported a broad range of views about their legal and court experiences. They valued their interactions with professionals who took an interest in them and their children, provided clear information and support, let them have their say, and competently managed the dispute resolution processes. Dissatisfaction was frequently expressed with the conduct of ex-partners and with professionals� styles of practice, particularly where these involved erratic or uncompromising attitudes and adversarial tactics. The desire to respond to what was written in an ex-partner�s affidavit escalated some parenting disputes onto a litigation pathway. Delay, cost, gender bias, lack of enforcement of court orders, and inadequate opportunities to feel heard, understood and respected were also identified as problems associated with Family Court proceedings. Earlier access to a wider range of information, support and conciliation services was recommended, together with more post-order explanation and support.
The professionals wanted a stronger emphasis on the Family Court as a court of law, rather than a social agency. A clearer demarcation between the court�s conciliation and adjudication functions was considered necessary to avoid clients having unrealistic expectations of the Family Court. Family members� therapeutic needs were important, but thought best met within community-based agencies.
The children were aware of their parents� court proceedings and most wanted the opportunity to play a more direct role in the decision about their future living arrangements.
Significant or modest changes had occurred in 60% of the families by the time of their follow-up interviews. Some changes had led to a reversal in the original care arrangements, while others had impacted upon the frequency of a child�s contact with their non-resident parent.
A new conceptual model for the resolution of post-separation parenting disputes has been developed. This integrates the theoretical framework underpinning the study with the international research evidence on the impact of parental separation and the principles and practices of an effective child-inclusive and culturally responsive family law system.
16
Moloney, Lawrence, and l. moloney@latrobe edu au. "JUDGEMENTS AS SOCIAL NARRATIVE: AN EMPIRICAL INVESTIGATION OF APPEAL JUDGEMENTS IN CLOSELY CONTESTED PARENTING DISPUTES IN THE FAMILY COURT OF AUSTRALIA 1988 � 1999." La Trobe University. Institute for Education, 2002. http://www.lib.latrobe.edu.au./thesis/public/adt-LTU20070411.144416.
Full textAbstract:
The thesis is divided into two sections. Section 1 explores the psycho-social and legal constructions of family, parenting and children that have influenced judicial decision-making in parenting disputes following separation and divorce. Particular attention is paid, first, to the circumstances surrounding the shift from paternal to maternally-based presumptions about the parenting of children; and second, to the more recent and somewhat puzzling shift to a presumption of gender neutrality. The extent to which fault has continued as a less overt decision-making criterion is also considered.
In Section 2, judgements in recent closely contested parenting cases in the Family Court of Australia are analysed as contemporary socio-legal narratives. A systematic, in-depth examination of a heterogeneous sample of publicly accessible cases revealed that gender-based assumptions continue to dominate judicial thinking about parenting and family structure. In particular, it was found that outcomes that favoured mothers correlated with perceived evidence of conformity to a maternal stereotype of self-sacrifice on behalf of the child(ren). Outcomes favouring fathers usually resulted from situations in which mothers were judged to fall short of these stereotyped expectations. Fathers� roles, even in cases in which their applications were successful, generally continued to be equated with breadwinning and support. Their capacities as nurturers to their children were either not mentioned or treated with scepticism.
In the light of the findings, tensions between continuing gender-based roles in families, public attitudes to parenting and preferred family structure, and recent changes in our scientific knowledge base regarding gender and parenting are reviewed. Implications of the persistence of the breadwinning/nurturing dichotomy both within the Australian culture and family court judgements are discussed. Particular attention is drawn to the impact of the confused circumstances in which gender-neutral parenting principles came about in the 1970s.
17
Bystriakovienė, Skaistė. "Šeimos santykių teisinis reglamentavimo principai ir jų taikymas teismų praktikoje." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2008. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2008~D_20080121_101816-29185.
Full textAbstract:
Šeimos teisės esmę ir jos įgyvendinimo svarbiausius būdus nustato ir išreiškia šeimos teisės principai. Kadangi gyvenime vyksta tokie spartūs socialiniai pokyčiai, liečiantys ir šeimos santykius, kyla klausimas, ar šeimos teisės principai bėgant laikui taip pat negali pamažu transformuotis. Todėl yra svarbu ir aktualu išnagrinėti šeimos santykių teisinio reglamentavimo principus ir atskleisti, ar jie atitinka visuomenės lūkesčius. Lietuvos Respublikoje šeimos santykių teisinis reglamentavimas grindžiamas monogamijos, santuokos savanoriškumo, sutuoktinių lygiateisiškumo, prioritetinės vaikų teisių ir interesų apsaugos ir gynimo, vaikų auklėjimo šeimoje, motinystės visokeriopos apsaugos principais bei kitais civilinių santykių teisinio reglamentavimo principais.
Darbe yra kompleksiškai analizuojama ir atskleidžiama šeimos teisės principų samprata, apibrėžiamas jų turinys. Nagrinėjama Lietuvos nacionalinių teismų formuojama praktika šia tema, nustatomos šių principų įgyvendinimo problemos, principų santykis su kitais šeimos teisės institutais (santuoka, ištuoka, vaikų ir tėvų tarpusavio teisės ir pareigos ir kt.). Darbe taip pat yra pateikiama lyginamoji analizė su kai kuriomis užsienio valstybėmis (Rusija, Lenkija) šeimos teisės principų atžvilgiu.
Išanalizavus darbo temą bei išnagrinėjus teismų praktiką, prieita prie išvados, jog tarp šeimos teisės principų jokios hierarchijos nėra. Jie visi egzistuoja lygiagrečiai ir yra taikomi visi ar keli iš jų kartu sprendžiant... [toliau žr. visą tekstą]The principles of family law determine the essence of family law and the most important means of its implementation. Due to the rapid social changes, which have the impact on the family relationship, the question arises: do the principles of family law also change as the time passes? That is why examination of the principles of legal regulation in family law and establishing whether they correspond to the expectations of the society is crucial and of great relevance. The legal regulation of family relationship in Lithuania is based on the principles of monogamy, the equality of spouses, the voluntariness of marriage, the priority of the protection of child rights and interests, the upbringing of the child in the family, the protection of motherhood and on other principles of regulation of civil relationship. In this paper the concept of family law principles is explored and the content of these principles is defined. The special attention is devoted to the practice, formed by the courts in Lithuania. Also the problems of implementation of the principles are established, the relations of the principles with the relevant institutes of family law (marriage, divorce, mutual rights and obligations of parents and children, etc.) are analyzed. The paper also provides the comparative analysis of the principles with those applied in Russian Federation and Poland. After the topic has been explored and the court practice has been examined, the following conclusions are made: there is... [to full text]
18
Mesnil, Marie. "Repenser le droit de la reproduction au prisme du projet parental." Thesis, Sorbonne Paris Cité, 2015. http://www.theses.fr/2015USPCB217.
Full textAbstract:
À partir de la notion de projet parental, nous souhaitons déconstruire, en droit, l'assignation des femmes aux questions reproductives. En effet, le corpus juridique relatif à la reproduction participe à la perpétuation des stéréotypes de genre et en particulier, ceux liés à la division sexuée du travail. Le projet parental est une notion qui a émergé avec les techniques reproductives. Pour autant, l'analyse du cadre relatif aux techniques de PMA montre de quelle manière celui-ci renforce les stéréotypes de genre. Les conditions d'accès aux méthodes de PMA sont empreintes de naturalisme et une comparaison entre le droit français et le droit suisse montre le caractère construit de ces références constantes à la nature. L'établissement du lien de la filiation renforce le cadre naturaliste : d'un côté, la filiation est établie pour les projets parentaux réalisés dans le cadre légal selon les règles du droit commun et renforce la différenciation des fondements à la filiation selon le sexe du parent ; de l'autre, les projets parentaux qui s'écartent du cadre naturaliste sont relégués aux marges du droit de la filiation, même s'ils doivent aujourd'hui être reconnus sous la pression du législateur en matière de PMA et de la CEDH concernant la GPA. En dépit de l'état actuel du droit, la notion de projet parental pourrait promouvoir au sein du droit de la reproduction l'égalité entre les sexes et la liberté reproductive. En prenant appui sur le principe d'égalité entre les sexes et la liberté reproductive nous proposons de faire évoluer le droit de la reproduction, afin qu'il y ait davantage d'autonomie et d'égalité, tant en matière de filiation que d'accès aux actes médicaux non thérapeutiques en matière de reproduction que sont l'IVG, la contraception, la stérilisation et la PMA. Nous préconisons en particulier de modifier le droit commun de la filiation en y intégrant les techniques de PMA et en faisant de la volonté le fondement principal de l'établissement de la filiation. La promotion de l'autonomie reproductive lors de la mise en œuvre des droits reproductifs se traduit par un renforcement des droits des usagers du système de santé en matière de reproduction. À travers l'exemple du droit de la reproduction, nous montrons in fine de quelle manière le droit peut contribuer à favoriser au sein de la société l'autonomie des individus et l'égalité entre les sexesStarting from the concept of "parental project", we aim to deconstruct the traditional roles of women in reproductive matters from a legal standpoint. Gender stereotypes, especially those related to gendered division of labour, are indeed sustained by the current reproductive legal framework. The parental project is a concept introduced by law regulating the new reproductive technologies and yet, the analysis of legal aspects of medically assisted reproduction (MAR) stresses how gender stereotypes are in fact strengthened. The legal criteria to access MAR methods are defined based on Nature and comparing French and Swiss legal frameworks shows there are no fixed rules and thus, that references to Nature are not unbiased. Moreover, when it comes to rules of filiation, the naturalistic framework is further reinforced: on the one hand, when the parental project is carried out within the legal framework, filiation is established based on general law, corroborating the gendered legal basis of filiation; on the other hand, parental projects outside of the naturalistic framework are marginalized, and if nowadays filiation should also be recognized for children born in such conditions, it is only because of legal and jurisprudential developments. In spite of this, we think that the concept of "parental project" should promote, within the legal framework of reproduction, both gender equality and reproductive autonomy. Based on the principle of sex-equality and reproductive autonomy, our proposals aim to change dispositions regarding filiation and reproductive medical acts so that they could improve gender equality and reproductive autonomy. In particular, MAR should be addressed by the general law of filiation in order to make of will the main basis of parentage. Likewise, promoting autonomy in reproductive medical acts cannot proceed without rights of the health care users. Finally this research in reproductive law could be seen as a striking example of how law could foster gender equality and individual autonomy in society
19
"Work and Family Identities in Regulatory Rulemaking: A Rhetorical Analysis of the Family and Medical Leave Act Regulatory Rulemaking Process." Doctoral diss., 2012. http://hdl.handle.net/2286/R.I.14648.
Full textAbstract:
abstract: This dissertation explores the discursive construction of work and family identities in the Family and Medical Leave Act (FMLA) regulatory rulemaking process. It uses dramatism and public sphere theory along with the critical legal rhetoric perspective to analyze official FMLA legal texts as well as over 4,600 public comments submitted in response to the United States Department of Labor's 2008 notice of proposed rulemaking that ultimately amended the existing FMLA administrative regulations. The analysis in this dissertation concludes that when official and vernacular discourses intersect in a rulemaking process facilitated by the state, the facilitated public that emerges in that discourse is bounded by official discourses and appropriated language. But individuals in the process are able to convey and contest a range of work and family identities that include characteristics of public, private, abuse, accountability, sacrifice, and struggle. It further demonstrates that different circumferences for crafting work and family identities exist in the regulatory rulemaking process, including national, international, and time-bounded circumferences. Because the law is a discourse that has far-reaching rhetorical implications and the intersect between vernacular discourses and legal discourses is an underexplored area in both communication and legal studies, this dissertation offers a contribution to the ongoing work of scholars thinking about work and family identities, the material consequences of the intersect of work and family, and the rhetorical implications of legal discourse.Dissertation/Thesis
Ph.D. Communication 2012
20
Everitt, Nicola. "Der irische Family Law (Divorce) Act 1996 im Vergleich mit der Scheidungsrechtsordnung in England und Deutschland." Doctoral thesis, 2004. https://repositorium.ub.uni-osnabrueck.de/handle/urn:nbn:de:gbv:700-2004032713.
Full textAbstract:
Eine rechtswissenschaftliche Diskussion über die irische Scheidungsrechtsordnung im Vergleich mit der englischen und deutschen Scheidungsrechtsordnung hat es in Deutschland bislang nicht gegeben. Im Allgemeinen wird dem irischen Recht in Deutschland nicht viel Aufmerksamkeit geschenkt. Umso interessanter scheint eine wissenschaftliche Auseinandersetzung mit dem irischen Scheidungsrecht, da eine gesetzliche Scheidung in der irischen Republik erst Anfang 1997 eingeführt wurde. Irland ist damit das letzte europäische Land, das eine Scheidung durch Gesetz erlaubt. Alle drei betrachteten Länder haben in Bezug auf Fragen, die sowohl die Scheidungsvoraussetzungen als auch die Scheidungsfolgen betreffen, ähnliche Probleme und bieten diverse Lösungswege, die letztlich zu gleichen oder ähnlichen Ergebnissen führen. Dabei werden allgemeine Tendenzen und Grundauffassungen bei der Lösung von Scheidungsfragen herausgearbeitet.
21
CHEN, CHI-YIN, and 陳季吟. "A Study on Actions Concerning Adoption in Family Proceedings Act - from the point of view of substantive law." Thesis, 2017. http://ndltd.ncl.edu.tw/handle/kt7vpx.
Full textAbstract:
碩士東吳大學
法律學系
105
According to the system of adoption of Civil Code in R.O.C (Taiwan), it has already changed from household-based system to children-based one, in order to emphasize on the benefit of the adoptive child. Code of Civil Procedure is combined with a part of the Law Governing Non-Contentious. After that, Family Proceeding Act is enforced since June, 2012. Although Family Proceeding Act is legislated with good intention, it is afraid that the legislation of the act is not considered perfectly. Thus, this thesis is based on the regulation of adoption in Civil Code, in order to re-examine the appropriation of the contents about Family Proceeding Act and its Adjudication Rule. By the analysis of references, the conflicts between procedure law and substantial law are concluded in following contexts: 1. The category of “matters concerning the declaration of the termination of an adoptive relation” should separate the difference of adult adoptive children and minor child. 2. Family Proceeding Act and The Protection of Children and Youths Welfare and Rights Act have different age standard for minor child. The difference of the age results some of minor child won’t be protected by the laws. 3. The regulation party concerning in Adjudication Rule of Family Proceeding Act is not completely related to the regulation about Civil Code. 4. The regulation of “Annulment of the termination of adoption” and “Annulment of adoption of a child” should be declared by third party. However, it is confusing that they have applicable mutatis mutandis of the regulation about divorcement.5. The statutory agents shouldn’t be the applicants for approval of adoptive recognition, even minor children under 7 lack for capacity to make juridical acts. 6. The right of courts confirmation shouldn’t overtake the agreement of biological parents. 7. There is no changing to the period of adoption effected whether trial adoption is conducted or not. 8. The period for “taking an interlocutory appeal” for recognition of adoption shall is considered as the same of service of process. 9. Annulment of the termination of adoption of a child is limited in the situation with both parties agreement. This thesis may offer some points to aid the amendments of Family Proceeding Act in the future. Hopefully, the issue discussed would not only solve the problems in jurisdiction, but give the best protection for the benefit of adoptive children.
22
Madonsela, Thembekile Gwendoline. "The perspectives of marital couples in Alexandra Township on the protection order under the Domestic Violence Act 116 of 1998." Thesis, 2008. http://hdl.handle.net/10210/1240.
Full textAbstract:
M.A.Domestic violence is widespread in South Africa, with one in four women being the victims of it. Victims of domestic violence try to change their conditions in the hope that things will get better. Domestic violence takes many forms. Some of the victims experience only one form of violence while others experience different forms. Domestic violence has physical, emotional, sexual, and economic dimensions (Goosen and Shaik, 1998: 1). The Domestic Violence Act 116 of 1998 was passed in the South African Parliament and became operational on 15 December 1999. Unlike the old Act (i.e. the Prevention of the Family Violence Act of 1993), the new Act addresses a number of problems specific to domestic violence. It also recognizes the range of relationships within which domestic violence occurs as broader than only the relationship between a man and a woman. (Fedler in Reclaiming Women’s Spaces, 2000: 132). Gangaloo (in Naidoo, 1999: 17) mentioned that the preamble of the Domestic Violence Act aims to provide protection to the victims of domestic violence. The Protection Order under the Domestic Violence Act orders that perpetrators of domestic violence stop their violent behaviour against the victims and also that they be of good behaviour towards them. The research problem of the study can be formulated as follows: After the implementation of the Domestic Violence Act 116 of 1998, on 15 December 1998, a number of victims of domestic violence applied for and were granted the Protection Order in Alexandra Township. However, no follow-up studies have been done in Alexandra on the perspectives of the affected marital couples on the Protection Order. The main goal of the study is to explore the perspectives of marital couples in Alexandra Township on the Protection Order under the Domestic Violence Act 116 of 1998 with the intention of finding out whether the Act is achieving its primary purpose, i.e. to protect victims of domestic violence. The objectives of the research study are: * To explore perceptions on the impact of the Protection Order on family stability * To investigate the attitude of affected marital couples towards the Protection Order * To investigate the understanding of the Protection Order by affected marital couples * To investigate, using the results of the study, whether the Protection Order is achieving its primary purpose – i.e to protect victims of domestic violence. The researcher will be using qualitative research method to conduct the study. The goal of the study is exploratory as it will add new information and knowledge to the field of domestic violence. The research will focus on marital couples, married either in a civil or customary marriage, who applied for and were granted the Protection Order between January 2000 to January 2001. The age group of the respondents varies from 30 to 55 years. The research results of the study show that legal remedies alone will not eradicate domestic violence. The study demonstrates that physical violence may have stopped but victims are still abused emotionally.
MS. H.F. Ellis
23
Everitt, Nicola [Verfasser]. "Der irische Family Law (Divorce) Act, 1996 im Vergleich mit der englischen und deutschen Scheidungsrechtsordnung / vorgelegt von Nicola Everitt." 2004. http://d-nb.info/972141774/34.
Full text
24
Raphalalani, David Tshinetise. "The impact of the Customary Law Marriages Act (Act 120 of 1998) on the prevelence of divorce among the Vhavenda in the Vhembe District of Limpopo Province in South Africa." Thesis, 2016. http://hdl.handle.net/11602/353.
Full text
25
Rammutla, Chuene William Thabisha. "The "official" version of customary law vis-a-vis the "living" Hananwa family law." Thesis, 2013. http://hdl.handle.net/10500/10614.
Full textAbstract:
The study sought to determine, first, what the rules of the Hananwa family law were and, second, whether those rules were compatible with the Constitution. First, it documented the rules of the official family law. The problem that the study countenanced is that customary law is "corrupted, inauthentic and lacking authority".1 Second, it established and documented the rules of the Hananwa family law. The problem that the study countenanced in respect of Hananwa law was that it was difficult to ascertain the content of the rules of the "living" Hananwa law in order to determine their compatibility with the provisions of the Bill of Rights. Moreover, the traditional Hananwa community is inegalitarian and patriarchal.
Section 9 of the Constitution provides that everyone is equal before the law and enjoys equal and full protection and benefit of the law. The study found that the Hananwas still observe their system of customary law. However, there are visible changes. For instance, nowadays the spousal consent is a validity requirement for all customary marriages. A parent or legal guardian must consent to a customary marriage of a minor. The individual spouses, not their families, are parties to their own customary marriages. African women enjoy equal status. This development is consistent with section 9 of the Constitution read with section 6 of the Recognition of Customary Marriages Act 120 of 1998. According to the Constitutional Court, in MM v MN and Another 2013 4 SA 415 (CC), the first wife must consent to her husband's customary marriage to another woman in addition to her customary marriage to him.
However, some rules of the Hananwa law do not comply with the provisions of the Bill of Rights. For instance, according to the Hananwa law, extramarital children do not enjoy equal inheritance rights and maintenance rights yet. This discrimination is inconsistent with the constitutional right to equality and the provisions of the Reform of Customary Laws of Succession and Regulations of Related Matters Act 11 of 2009.The Constitution puts common law and customary law on a par. However, the courts have often replaced customary law dispute resolution rules with the common law rules. For instance, the Constitutional Court in Bhe and Others v Magistrate, Khayelitsha and Others; Shibi v Sithole and South African Human Rights Commission and Another v President of the Republic of South Africa and Another 2005 1 SA 580 (CC) and the High Court in Maluleke v Minister of Home Affairs 2008 JDR 0426 (W) substituted the rules of common law for those of customary law in order to resolve customary law disputes.
The legislature could not be outdone. A meticulous study of the Recognition of Customary Marriages Act 120 of 1998 and the Reform of Customary Laws of Succession and Regulations of Related Matters Act 11 of 2009 reveals that their provisions almost appropriately reflect the common law marriage and intestate succession rules respectively. The Recognition of Customary Marriages Act has, furthermore, adopted the provisions of the Divorce Act of 1979. Section 28 of the Constitution read with the Children's Act 38 of 2005 has generally substituted the fundamental human rights for the unequal rights provided by the customary law of parent and child. The Maintenance Act 99 of 1998 has substituted the communal form of maintenance under customary law.Public, Constitutional, & International Law
LLD (International and Constitutional Law)
26
Chireshe, Excellent. "The utility of the Zimbabwean Domestic Violence Act : Christian and Muslim women's experiences." Thesis, 2012. http://hdl.handle.net/10500/10393.
Full textAbstract:
The study investigated Zimbabwean Christian and Muslim women who had experienced domestic violence with a view to finding out the extent to which these women used provisions of the Domestic Violence Act of 2006. The study was conducted in urban Masvingo and its surroundings. The methodology applied to the empirical investigation was qualitative and was informed by the phenomenological, feminist and pragmatic theoretical frameworks.
Data was collected, by means of in-depth semi-structured interviews, from 30 participants, 22 Christian and 8 Muslim, who were selected using purposive sampling and snowball sampling techniques. In investigating the women’s experiences, some questions guided the study. These include: Where and to what extent does a select group of Christian and Muslim women who fall victim to domestic violence normally seek help? How do religious and cultural beliefs and practices influence the response to domestic violence by the abused as well as those to whom they report? To what extent do religious communities prevent selected victims of domestic violence from seeking legal assistance?
Data was analysed by coding responses according to themes. The study revealed that the participants perceived domestic violence as having diverse causes and most of them saw their religion as crucial in addressing their plight. It emerged that a majority of the participants sought help from their religious communities as well as relatives and friends. Mixed responses emanated from these sources of help. The most common response, based largely on religious and cultural beliefs, was to encourage participants to avoid reporting to authorities. It also emerged that most of the participants were not willing to seek help from the police, courts or legal practitioners to seek redress because of the advice they received as well as their own internalised beliefs. Religious, social, and economic factors prevented most participants from appealing to provisions of the Domestic Violence Act.It was concluded that the Zimbabwean Domestic Violence Act had limited usefulness for participants because of religious, social and economic factors. It was recommended that if relevant stakeholders could jointly work together, domestic violence would be alleviated. Recommendations for further research were also made.Religious Studies & Arabic
D. Litt. et Phil. (Religious Studies)
27
TVAROHOVÁ, Zdeňka. "Právní povědomí u dětí základních škol." Master's thesis, 2009. http://www.nusl.cz/ntk/nusl-49720.
Full textAbstract:
Legal awareness is very low in general, not only among children but also among adults. However, increased attention should be paid to legal awareness among young people. This applies particularly to pupils leaving the basic schools. Most of them finish the mandatory school attendance at the age of fifteen. The moment is associated with the issue of awareness of their criminal liability and the related, at least elementary, awareness of some acts. I believe that this topic is generally very much neglected and this thesis should contribute to its better understanding. It should be noted that a newpenal code will come into effect on 1 January 2010. Some changes contained in the code will be described in my thesis. The objective of my thesis was to map the level of legal awareness among pupils attending the ninth grade of basic schools in the fields of penal, civil and labor laws. The thesis also sought to map the primary prevention implemented in this area at basic schools. I have used a qualitative approach in my thesis and to collect the data I have employed individual semi-standardized interviews. Based on materials I had studied, the interviews included questions concerning some basic knowledge of penal, labor and civil law, as well as questions dealing with drug issues and questions about the completed primary prevention at schools. The respondents were ninth-graders living in my neighborhood. The total number of approached respondents was 10 (5 girls and 5 boys). The qualitative research has shown that young people do not have sufficient legal awareness of basic issues in labor, civil and, last but not least, penal law. My research has also confirmed that the completed primary prevention fails to perform its function. In my opinion is it desirable to develop an integral overview of this issue.
28
Van, Niekerk Teresa. "An explorative study of the implementation of the Domestic Violence Act 116 of 1998 by the South African Police Service." Diss., 2017. http://uir.unisa.ac.za/handle/10500/25672.
Full textAbstract:
In this study, the research problem sought to explore the degree of implementation of the Domestic Violence Act 116 of 1998 by members of the South African Police Service (SAPS). The Domestic Violence Act clearly stipulates the responsibilities of members of the South African Police Service in terms of the policing and management of domestic violence.
Data was collected by means of a literature study and individual interviews conducted with SAPS members at the station level. These police officials are responsible for implementing the provisions set out in the DVA. The researcher also drew on her investigative experience in the SAPS, including the investigation of domestic violence. In addition, the researcher conducted a comprehensive literature study of national legislation, internal SAPS policies and directives that govern and promote the regulation of domestic violence in South Africa, the policing of domestic violence, media and newspaper reports as well as library resources and international studies.
The findings of the research indicate that participants had a diverse understanding of domestic violence. This study also serves as testimony that the majority of the participants perceived and experienced the implementation of the DVA by the SAPS in various ways. However, participants understand their role and responsibilities to efficiently implement the provisions of the DVA. It was further determined that most of the participants knew their responsibilities regarding record keeping in incidences of domestic violence, and that members of the SAPS knew the procedure to follow in order to serve protection orders. It is, however, questionable whether they will be able to do so when necessary as most of them have not served it themselves as there are specific members at the station level who have been designated the duty of serving protection orders. However, it became evident that SAPS members are confronted with various challenges, at the station level, which hinder the proper implementation of the DVA.
The recommendations made in this study may provide the SAPS with knowledge regarding the challenges and shortcomings that police officials experience in effectively implementing the provisions set out in the DVA, the role and responsibilities of SAPS members to efficiently implement the DVA, as well as the training and resources necessary to effectively execute the DVA.Police Practice
M. Tech. (Policing)
29
Themistocleous, Nicola. "Domestic violence: the experiences of young adult females." Diss., 2008. http://hdl.handle.net/10500/1931.
Full textAbstract:
There has been a vast amount of research regarding domestic violence. However, the literature is centered on a linear, cause and effect approach. This study aimed to explore domestic violence from the experiences of young female adults, and will be approached from a postmodern perspective. The participants were selected based on purposive sampling and willingness to participate. The sample consists of two participants and the data was obtained through their written stories and semi-structured face-to-face interviews. Themes were then extracted from the data and were explored through hermeneutic analysis which is consistent with the postmodern approach. A qualitative methodological design was used in order to allow meaning to emerge. The results were then presented in an interpretive and descriptive manner.Psychology
M.A. (Clinical Psychology)
30
Damas, Rui Manuel de Morais Ferreira. "Da função social à função familiar do “Casal de Família”." Master's thesis, 2018. http://hdl.handle.net/11328/2624.
Full textAbstract:
O casal de família, foi um instituto jurídico que vigorou em Portugal entre 1920 e 1977 e que consistia no imóvel familiar, em princípio inalienável e impenhorável. Assenta nos antigos vínculos, nos morgadios, mas as suas origens constituem um legado indelével dos povos germânicos na península ibérica. O casal de família transporta, em si, a multiculturalidade e a vocação universal do direito, assente num instituto lavrado ao longo de séculos, por diversos povos, de diferentes etnias, de distintos credos religiosos, de vários continentes, contendo, outrossim, uma função social e familiar. Destarte, o casal de família seria uma solução ajustada para a protecção da casa de morada de família, para a manutenção da propriedade na esfera familiar e, principalmente, constituiria uma forma de proteger a propriedade, enquanto sustento da família. A consagração do casal de família, por parte do legislador nacional, seria uma maneira congruente de a propriedade cumprir uma função social, ter uma finalidade familiar e, contribuiria para resolver o premente problema social, daqueles que em virtude da crise económica se encontram em sério risco de perderem as suas habitações.The community property system is an institution peculiar to the civil law. It is now almost believed that the origin of the community property systems is in old Germanic customs and folk laws. However, it was the Roman-Christian tradition inspired by the Visigoths codes, which produced the French model of ―majorat‖, the Italian institute of ―morgatto‖, the Spanish concept of ―mayorazgo‖ and the Portuguese ―morgadio‖. The Portuguese legal system that constitutionally enshrines the inviolability of human dignity, protection of the family and the right to housing, calls for effective protection of the matrimonial home and allowing it to be pawned. At a time marked by a deep economic crisis, when many families are at risk of losing their homes, it is urgent to find solutions. It is our belief that the legislature should adopt one of the two proposals that seem adjusted to the economic crisis and the needs of citizens and families. First, duty would Be to establish the prohibition of seizing the family dwelling. Second, establish Casal de Família in Portugal. Indeed, the consecration of prohibition of seizing the family dwelling and the institution of Casal de Família in Portugal could play a leading role in carrying out the family dimension of human dignity, responding to a serious social problem that affects thousands of families, and for which the right has not yet found an appropriate answer.
31
De, Jong Madelene 1963. "Egskeidingsbemiddeling in Suid-Afrika : 'n vergelykende studie." Thesis, 2002. http://hdl.handle.net/10500/1524.
Full textAbstract:
Text in Afrikaans with summaries in Afrikaans and EnglishFor many years divorce has been viewed exclusively as a legal problem that had to be addressed by the courts in our adversarial system of litigation. Divorce, however, also entails social problems which are not addressed in our legal system. It appears further that our adversarial legal system tends to heighten the conflicting interests of individual family members at divorce and to encourage animosity and irreconcilability. In an attempt to ameliorate the harsh consequences of the adversarial legal system at divorce, two no-fault grounds for divorce were introduced to enable divorcing spouses to make the decision about the termination of their marriage themselves. This greater freedom that no-fault divorce afforded parties quickly led to a demand for a new system of dispute resolution at divorce. The Hoexter Commission consequently, recommended the establishment of a family court with a social component where mediation services are offered. In both Australia and New Zealand the introduction of no-fault divorce was attended by the establishment of family courts where mediation services are offered. In mediation the parties involved, with the assistance of an impartial third, may sort out and find solutions to all their divorce-related problems. It also appears that mediation has always played a prominent role in the resolution of family disputes in the indigenous communities of South Africa. Owing to financial restrictions, South Africa is still without a family court. So far, only the Mediation in Certain Divorce Matters Act 24 of 1987 has emanated from the recommendations of the Hoexter Commission. This Act, which provides for the institution of enquiries by the office of the family advocate to determine the best interests of children at divorce, professes in its title to have introduced mediation as an alternative system of dispute resolution at divorce. From the contents of the Act it is apparent, however, that it provides for mediation only in a very limited sense. Consequently, it is necessary to amend this Act to make provision for real, comprehensive and accessible mediation services for the public in all family law disputes. This amendment could best be achieved by regulating existing private and community mediation services and integrating them into the formal legal process.
Egskeiding is baie jare lank as 'n regsprobleem beskou wat in ons adversatiewe stelsel van litigasie uitsluitlik deur die howe uitgestryk moes word. Egskeiding behels egter ook maatskaplike probleme wat nie deur ens regstelsel ondervang word nie. Ons adversatiewe regstelsel verskerp boonop die teenstrydige belange van individuele gesinslede by egskeiding en moedig verbittering en onversoenlikheid aan. Weens die probleme wat die skuldbeginsel en die adversatiewe stelsel vir gades met huweliksprobleme en vir die egskeidingsproses in die algemeen veroorsaak het, is twee skuldlose egskeidingsgronde in 1979 ingevoer wat aan gades wat wil skei, groter inspraak en seggenskap in die hele proses gegee het. Hierdie groter vryheid wat skuldlose egskeiding meegebring het, het spoedig 'n behoefte aan 'n nuwe stelsel van dispuutbeslegting by egskeiding geskep. Die Hoexterkommissie het gevolglik aanbeveel dat 'n gesinshof met 'n maatskaplike komponent ingestel word waarby onder andere bemiddelingsdienste beskikbaar meet wees. In sowel Australie as Nieu-Seeland het die invoering van skuldlose egskeiding inderdaad gepaardgegaan met die instelling van gesinshowe waar bemiddelingsdienste beskikbaar is. In die bemiddelingsproses kan mense self, maar met die bystand van 'n onpartydige derde, al hulle probleme by egskeiding uitsorteer en oplos. Dit blyk verder dat bemiddeling nog altyd 'n prominente rol by die beslegting van gesinsgeskille in inheemsregtelike gemeenskappe in Suid-Afrika gespeel het. Weens finansiele beperkings is Suid-Afrika nog steeds sonder 'n gesinshof. Al wat tot dusver uit die Hoexterkommissie se aanbevelings voortgevloei het, is die Wet op Bemiddeling in Sekere Egskeidingsaangeleenthede 24 van 1987 wat daarvoor voorsiening maak dat die kantoor van die gesinsadvokaat by egskeiding ondersoeke na die beste belange van kinders kan instel. Alhoewel die titel van die Wet voorgee om vir bemiddeling as 'n alternatiewe stelsel van dispuutbeslegting by egskeidng voorsiening te maak, blyk dit uit die inhoud van die Wet dat dit bloot vir 'n baie beperkte vorm van bemiddeling voorsiening maak. Dit is gevolglik nodig dat hierdie Wet gewysig word om by alle familieregtelike kwessies vir ware, omvattende en toeganklike bemiddelingsdienste aan die publiek voorsiening te maak. Die geskikste wyse waarop dit bewerkstellig kan word, is om bestaande private en gemeenskapsbemiddelingsdienste te reguleer en in die formele regsproses te integreer.
Private Law
LL.D.
32
Vorlická, Kateřina. "Soudní tlumočení pro děti a nezletilé." Master's thesis, 2019. http://www.nusl.cz/ntk/nusl-404744.
Full textAbstract:
The masterʼs thesis, divided into theoretical and empirical parts, deals with court interpreting for children and minors. After a short introduction to history, it describes the characteristic of court interpreting with the emphasis on children and minors involved in judicial proceedings. Following chapters focus on court interpreting in the Czech republic, expanding on its description, the related legal framework, required qualification and training of court interpreters. Subsequently, the thesis draws a comparison with training and education of other professionals taking part in proceedings with minors. Furthermore, the state of the art in the Czech republic is also compared to the situation in Belgium where the project CO-Minor-IN/ QUEST was launched and carried out. To our knowledge, it is the first international project on cooperation among major professionals involved in interpreted criminal proceedings with minor participants. The thesis presents a summary of findings concerning communication with children and minors, laying stress on particular patterns of behaviour and conduct that are likely to occur in little and school-age children. The information provided is considered in the context of court interpreting. The thesis puts emphasis on the most significant differences between court...
33
Smit, Mathilda. "Gesinsbemiddelingsproses met inagneming van die "Children's Act, Act 38 of 2005"." Thesis, 2009. http://hdl.handle.net/10500/4166.
Full textAbstract:
Text in AfrikaansGlobally divorce is an increasing phenomenon. If not handled correctly it may be significantly destructive for the people involved. The new Children’s Act, Act 38 of 2005 regards the best interests of the child paramount in all matters concerning the care, protection and well-being of a child. It underpins the importance of the full, or specific parental responsibilities of parents, the importance of a conciliatory and non-confrontational approach to the settlement of child-centred disputes. It also mandates that the child has the right to participate in an appropriate way in any matter concerning that child and that his views must be given due consideration. Further Act 38 of 2005, provides for parenting plans to be agreed upon determining the exercise of their respective responsibilities and rights. The goal of this research was to explore, develop and implement a process of family mediation with reference to Act 38 of 2005. Five families affected by divorce and their children were selected as case studies for qualitative research. Applied research was done within the context of intervention research and the first four phases of Rothman and Thomas’ Intervention Research model was used. Problems caused by divorce were identified and the goal was to address the best interests of the child by improving the co-parenting relationship, parent-child relationships and the quality of parenting. Information gathering and synthesis took place by using existing information sources, studying natural examples and identifying functional elements of successful models.An observational system was designed. It included the natural observing of the five case studies, specific procedural elements and intervention. The design criteria were applied to the preliminary intervention concept.
Social Work
D.Diac. (Spelterapie-Rigting)
34
Tyabazayo, Phumlani. "The duty of the state to give effect to the rights of children in child-headed households in the context of section 28(1)(b) and (c) of the Constitution of the Republic of South Africa, 1996." Diss., 2009. http://hdl.handle.net/10500/3198.
Full textAbstract:
The scourge of HIV/AIDS is ravaging our communities; many children have lost their parents to this pandemic. The death of parents because of this pandemic has resulted in the emergence of a new phenomenon of child-headed households. This paper seeks to examine the rights of children in child-headed households as entrenched in section 28(1)(b) and (c) of the Constitution. Once the rights of children in child-headed households are ascertained, the state’s duty to give effect to these rights is investigated. In the analysis of the rights, the socio-economic rights jurisprudence of the Constitutional Court is considered. The paper further argues that the state gives effect to the rights of children in child-headed households through legislation and policy. As such, the paper takes a closer look at the legislation and policies that seek to give effect to the rights of children in child-headed households as enumerated in section 28(1)(b) and (c) and gaps in that legislation and policy are highlighted. In conclusion, proposals are made that will assist the state to give effect to the rights of children in child-headed households as set out in the Constitution.Private Law
LL.M.
35
Andraščíková, Jana. "České migrační právo v kontextu práva Evropské unie." Master's thesis, 2014. http://www.nusl.cz/ntk/nusl-332131.
Full textAbstract:
The goal of this diploma thesis is to define, analyze and evaluate the most relevant areas related to the topic of European migration law and politics. Although the subject is quite broad, I try to focus on legal migration. Free movement of EU citizens could not be left out, however I concentrate mainly on position of migrating three country nationals within the EU. I compare the Czech legal system against the European legal system. The thesis has been divided into four chapters, which are further subdivided. In the first chapter the thesis brings a brief definition of the concept of migration in general, including a chronological historical excursion of the European norms connected to the migration law and a description of migration law, politics and the necessity of a suitable integration approach. The second chapter is devoted to create a characterization of the European migration legislation, competences in the field and a definition of fundamental human rights standards. This section also deals with theoretical and practical issues of European citizenship and the associated right of free movement. The third chapter is dedicated to legal issues of migration of third country nationals. From common regulation of borders, protection and criteria of entry, I move to analyze set of rights and...
36
Themistocleous, Nicola. "Child care and contact evaluations : psychologists' contributions to the problem-determined divorce process in South Africa." Thesis, 2017. http://hdl.handle.net/10500/23273.
Full textAbstract:
Disputes concerning care and contact arrangements for the minor children of divorcing couples present special challenges for professionals in the legal and psychological professions. Care and contact (custody) disputes, which are complex undertakings, are a point of debate in the professional arena in South Africa. Clinical psychologists are often included in the professional cohort that assists the high court, as the upper guardian of minor children, in the decision making process regarding contested care arrangements of children. This field is further challenged by the lack of training programmes and practice guidelines, the intense adversarial nature of disputes and litigation processes, as well as the increase in board complaints levelled against psychologists at the Health Professions Council of South Africa. These challenges contribute to the reluctance of psychologists to become involved in care and contact matters. This study therefore aimed first to explore the current practices and contributions of clinical psychologists in care and contact disputes in South Africa, and second to evaluate the procedures used by clinical psychologists to inform their recommendations to the court. In such matters, clinical psychologists adhere to the best interest of the child (BIC) principle. The final aim of the study was to identify and propose guidelines for a model of better practice. The study was guided by a Constructivist Epistemology and a Social Constructionist paradigmatic framework. A qualitative research approach was employed. Data were collected through face- to-face interviews with clinical psychologists and advocates and were analysed using Thematic Network Analysis of Attride-Stirling. The findings, which indicated that that the practices of psychologists are plenteous, revealed significant shortfalls in current practices. In addition, the findings designated that creating a universal model for care and contact evaluations to fit with the legal professions’ empiricist tendency poses a paradigmatic dilemma and a practical challenge. A position of observer-dependence and a reflective position on the part of the psychologist is instead indicated.Psychology
Ph. D. (Psychology)
37
Tyler, John. "A Pragmatic Standard of Legal Validity." Thesis, 2012. http://hdl.handle.net/1969.1/ETD-TAMU-2012-05-10885.
Full textAbstract:
American jurisprudence currently applies two incompatible validity standards to determine which laws are enforceable. The natural law tradition evaluates validity by an uncertain standard of divine law, and its methodology relies on contradictory views of human reason. Legal positivism, on the other hand, relies on a methodology that commits the analytic fallacy, separates law from its application, and produces an incomplete model of law.
These incompatible standards have created a schism in American jurisprudence that impairs the delivery of justice. This dissertation therefore formulates a new standard for legal validity. This new standard rejects the uncertainties and inconsistencies inherent in natural law theory. It also rejects the narrow linguistic methodology of legal positivism.
In their stead, this dissertation adopts a pragmatic methodology that develops a standard for legal validity based on actual legal experience. This approach focuses on the operations of law and its effects upon ongoing human activities, and it evaluates legal principles by applying the experimental method to the social consequences they produce. Because legal history provides a long record of past experimentation with legal principles, legal history is an essential feature of this method.
This new validity standard contains three principles. The principle of reason requires legal systems to respect every subject as a rational creature with a free will. The principle of reason also requires procedural due process to protect against the punishment of the innocent and the tyranny of the majority. Legal systems that respect their subjects' status as rational creatures with free wills permit their subjects to orient their own behavior. The principle of reason therefore requires substantive due process to ensure that laws provide dependable guideposts to individuals in orienting their behavior.
The principle of consent recognizes that the legitimacy of law derives from the consent of those subject to its power. Common law custom, the doctrine of stare decisis, and legislation sanctioned by the subjects' legitimate representatives all evidence consent.
The principle of autonomy establishes the authority of law. Laws must wield supremacy over political rulers, and political rulers must be subject to the same laws as other citizens. Political rulers may not arbitrarily alter the law to accord to their will.
Legal history demonstrates that, in the absence of a validity standard based on these principles, legal systems will not treat their subjects as ends in themselves. They will inevitably treat their subjects as mere means to other ends. Once laws do this, men have no rest from evil.