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Dissertations / Theses on the topic 'Parent and child (Law)'
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1
Kosisko, Richard J. ""The first teachers" the role of Christian parents according to the code of canon law /." Theological Research Exchange Network (TREN), 2005. http://www.tren.com.
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Spano, Cheryl. "Central California's Juvenile/Dependency and Criminal Courts' Treatment of Parent-Child Contact." Thesis, Walden University, 2019. http://pqdtopen.proquest.com/#viewpdf?dispub=13859371.
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Parties to a legal action of child abuse can be prosecuted criminally as well as charged with allegations within the jurisdiction of juvenile/dependency court. This can lead to seemingly conflicting goals regarding contact and visitation between the two parties (victim and defendant; child and parent). In essence, restraining orders or visitation orders from one court can contradict the case goals of another court. The purpose of this qualitative case study was to (a) determine if there is a pattern of inconsistent goals in cases of concurrent jurisdictional child-abuse cases, (b) evaluate the effect of conflicting court orders on each jurisdiction’s cases, and (c) examine the ability of these courts to process cases in a timely manner in light of both courts’ goals and concerns. Previous to this study, scholarly literature surrounding no-contact orders was limited to domestic violence and criminal contexts. There is no current scholarly research addressing the treatment of no-contact orders in concurrent jurisdiction cases. This study utilized standardized surveys, one-on-one interviews, and observations to evaluate and examine the areas of inquiry. Participants were chosen for their extensive knowledge and professional duties regarding both the juvenile/dependency and criminal court systems. The results of this research indicate that many participants considered these two jurisdictions to maintain contradictory goals, which is particularly problematic in contact/no-contact orders. Participants found the issue of restraining orders in this context to manifest in unfairness, confusion, and delay. A myriad of recommendations are offered in an effort to assist this county, as well as others, in its promotion of fairness to court participants and parties of these concurrent cases.
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Spano, Cheryl Oslinker. "Central California's Juvenile/Dependency and Criminal Courts' Treatment of Parent-Child Contact." ScholarWorks, 2019. https://scholarworks.waldenu.edu/dissertations/6742.
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Parties to a legal action of child abuse can be prosecuted criminally as well as charged with allegations within the jurisdiction of juvenile/dependency court. This can lead to seemingly conflicting goals regarding contact and visitation between the two parties (victim and defendant; child and parent). In essence, restraining orders or visitation orders from one court can contradict the case goals of another court. The purpose of this qualitative case study was to (a) determine if there is a pattern of inconsistent goals in cases of concurrent jurisdictional child-abuse cases, (b) evaluate the effect of conflicting court orders on each jurisdiction's cases, and (c) examine the ability of these courts to process cases in a timely manner in light of both courts' goals and concerns. Previous to this study, scholarly literature surrounding no-contact orders was limited to domestic violence and criminal contexts. There is no current scholarly research addressing the treatment of no-contact orders in concurrent jurisdiction cases. This study utilized standardized surveys, one-on-one interviews, and observations to evaluate and examine the areas of inquiry. Participants were chosen for their extensive knowledge and professional duties regarding both the juvenile/dependency and criminal court systems. The results of this research indicate that many participants considered these two jurisdictions to maintain contradictory goals, which is particularly problematic in contact/no-contact orders. Participants found the issue of restraining orders in this context to manifest in unfairness, confusion, and delay. A myriad of recommendations are offered in an effort to assist this county, as well as others, in its promotion of fairness to court participants and parties of these concurrent cases.
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McGowan, Wayne S. "Thinking about the responsible parent : freedom and educating the child in Western Australia." University of Western Australia. Graduate School of Education, 2004. http://theses.library.uwa.edu.au/adt-WU2005.0014.
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This study is concerned with how educational legislation shapes and uses freedom for the purpose of governing the parent. The key question guiding the study was: How does the Act constitute the ‘parent’ as a subject position responsible for schooling the child? Central to the work is an examination of the School Education Act 1999 (the Act) using Foucault’s thinking on governmentality. This is prefaced by historical accounts that bring together freedom and childhood as contrived styles of conduct that provide the governmental logic behind the Act. The study reveals how the Act shapes and uses the truth of freedom/childhood to construct the responsible parent as a style of conduct pegged to a neo-liberal political rationality of government. It is this political rationality that provides the node or point of encounter between the technologies of power and the self within the Act which forms the ‘responsible’ identity of the parent as an active self-governing entrepreneur made more visible by the political construction of ‘others.’ This is a legal-political subjectivity centred on the truth of freedom/childhood and a neo-liberal rationality of government that believes that any change to our current ethical way of being in relation to educating the child would ruin the very freedoms upon which our civilised lifestyle depends. In essence, the Act relies on the production of ‘others’ as the poor, Aboriginal and radical who must be regulated and made autonomous to constitute the ‘parent’ as an active consumer whose autonomous educational choices are an expression of responsibility in relation to schooling the child
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Kassan, Daksha Gaman. "How can the voice of the child be adequately heard in family law proceedings." Thesis, University of the Western Cape, 2004. http://etd.uwc.ac.za/index.php?module=etd&.
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Child participation and the right of children to be heard in matters that directly affect them, including in judicial and administrative matters, is a right that is entrenched in a number of international and regional instruments. This right is also entrenched in the South African Constitution that provides for children to be legally represented, at State expense, in civil proceedings affecting them and this includes divorce proceedings. However, this constitutional right is limited to those circumstances where a substantial injustice would otherwise result should such legal representation not be afforded. This thesis examined how the voices of children can be heard during divorce proceedings and makes recommendations as to when children involved in divorce proceedings should be granted legal representation at State expense.
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Van, der Linde Anton. "Grondwetlike erkenning van regte ten aansien van die gesin en gesinslewe met verwysing na aspekte van artikel 8 van die Europese Verdrag vir die beskerming van die regte en vryhede van die mens (Afrikaans)." Thesis, Pretoria : [s.n.], 2001. http://upetd.up.ac.za/thesis/available/etd-02172010-104239/.
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Violet, Ian. "The allocation of responsibility for the maintenance of the single parent family." Thesis, University of British Columbia, 1990. http://hdl.handle.net/2429/28828.
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The social problem under investigation is that of widespread poverty amongst households comprising minor chidren and a lone parent, whether this household has arisen due to a birth outside a stable union, separation, divorce or widowhood. The scale and features of this poverty are identified with reference to demographic data from Canada and the United Kingdom.
Possible policies for reform are identified through a thorough review of literature from the Commonwealth and the United States. Special attention is paid to empirical investigations and the relationship between public and private support of single parent families.
Whilst none of the four hypothetical reforms proposed - a system of insurance, rigorous enforcement of court orders, constraining judicial discretion, expanded rights to public support - is unconditionally accepted, only insurance is rejected as offering nothing of value. The conclusion is that the non-custodial parent's responsibility for his or her children must continue to be emphasised but that public resources should be expended with a view to assisting the single parent to obtain, enforce and periodically vary orders in favour of the children. For the single parent himself or herself, the aim must be to reverse the current process of marginalisation within society and this independence can best be achieved by reforms of the labour market rather than by reforms of the legal process.Law, Peter A. Allard School of
Graduate
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Dias, Nadia. "Best Interests Of The Child Principle In The Context Of Parent Separation Or Divorce : As Conceptualised By The Community." Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2014. https://ro.ecu.edu.au/theses/1463.
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Best interests of the child (BIC) is a construct that is central to legal decisions in several areas including parenting matters in the Family Courts, guardianship, child-protection, and adoption. Despite the centrality of the construct, BIC has not been operationalised (Thomson & Molloy, 2001) and there is little agreement about what is considered best for children within social service and legal communities (Banach, 1998). Given that one of the aims of law is to reflect public sentiment (Green, 1996), the current study explored the general public’s conceptualisation of BIC. More specifically, I sought to determine what community members think the term “best interests” means and what factors they believe need to be considered when determining BIC? A qualitative approach was used and data were collected through semi-structured interviews.
Participants (n= 19) defined BIC as parents effectively meeting the developmental needs of children to produce healthy young adults, both physiologically and psychologically. A complex hierarchical model was generated from participant responses that outlined the primary developmental needs of children and sets of conditions and parenting practices that elicit these. Despite the indeterminate nature and vagueness of the BIC standard, the findings from the current study suggest that current legislative practices do reflect public sentiment. Results of this research represented an important step towards a more comprehensive understanding of the BIC concept and endorse existing practices of forensic evaluators. Moreover, embedding gathered information in the context of child development and parenting literature appears essential to the utility of forensic psychological assessments. Finally, the model generated highlights the complexity of BIC and the need for practitioners to be aware of interactions that exist between child development and contexts of the home, community, culture and society.
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Raynor, Susan J. "A specification of Canon 843 [par.] 2 parents as other members of the Christian faithful who have a duty to prepare their children for the sacraments of initiation /." Online full text .pdf document, available to Fuller patrons only, 2003. http://www.tren.com.
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Hollenbeck, Elizabeth. "Megan's Law : does it increase parents ability to protect their children against sexual offenders? /." Abstract Full Text (HTML) Full Text (PDF), 2008. http://eprints.ccsu.edu/archive/00000491/02/1947FT.htm.
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Thesis (M.S.) -- Central Connecticut State University, 2008.Thesis advisor: Kathleen Bantley. "... in partial fulfillment of the requirements for the degree of Master of Science in Criminal Justice." Includes bibliographical references (leaves 42-45). Also available via the World Wide Web.
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Jaku, Danielle Georgia. "Responsible families a critical appraisal of the federal government's reforms /." Master's thesis, Australia : Macquarie University, 2007. http://hdl.handle.net/1959.14/620.
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Thesis (LLM)--Macquarie University. Division of Law.Bibliography: leaves 192-208.
Introduction -- The perceived problems and the new reforms -- The framework for children's matters in Australia -- Families and functions - regulating the Australian family -- Reorganising the gender hierarchy -- Men's movements, misconceptions and misidentifying the real issues -- Problems with "shared parenting": an ideal or a (rebuttable) presumption? -- Mediation not litigation -- Conclusion -- Bibliography.
In this thesis, I critically appraise the latest reforms of the Australian family law system and assess the underlying philosophy of these measures. I specifically analyse the introduction of shared parenting and mandatory family dispute resolution. My starting point is that legislative changes alone cannot be used as a means of social change. Legal models cannot function correctly if they reflect an ideal rather than social reality, and in light of the current reforms, the Australian family law system risks such a fate. The system, which presumes that parents share parental responsibility upon separation (and therefore during the intact family), does not represent social truth. It appears to make an assumption that shared parenting is the societal practice, but I believe the law is really being used to impose such an ideal. If the reforms are to be successful, I argue that substantial social and economic structural change is required, in order to break down the dichotomy between men's and women's roles, which continue to define the male role as economic and public and the female responsibility as care-giving and private. This is particularly important if the Government is genuine about its aim to make parenting gender neutral in practice and not just in theory.
The thesis demonstrates that the reform measures are a response to the perceived rather than real problems identified in the family law system, and that they are largely issues raised under the influence of fathers' rights groups. The response of the Government to remedy the system is therefore flawed as it is based on misconceived notions about the family law system. It incorrectly identifies judicial discretion as a fundamental cause of the problems and tries to replace it with a more rules-based approach to determining children's matters. I suggest that the real problems can be found in the continuance of deeply entrenched customs and gendered role constructions, and the remedies lie in their overhaul. The social culture that makes the mother the primary caregiver and allocates to the father diminished parental responsibility from the time the child is born needs to be transformed. A suitable legal response to the current impasse would be to begin by educating the public about the way the system works and provide counselling to families on how to structure their united life well before they reach the breakdown point. Assisting families while they are still functional, as opposed to when they are dysfunctional, would arguably make a large difference in how the family law system is understood. Moreover, it would be able to facilitate ongoing communication for separating couples and, most importantly, thereby uphold the best interests of the child.
Mode of access: World Wide Web.
208 leaves
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Bailey, Martha. "A comparative study of child access." Thesis, University of Oxford, 1997. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.363454.
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Worley, Heather. "Treatment by the law and society of parents of minors who have died in circumstances where they were denied medical intervention a dissertation [thesis] submitted to the Auckland University of Technology in partial fulfilment of the degree of Master of Health Science, November 2003." Full thesis. Abstract, 2003. http://puka2.aut.ac.nz/ait/theses/WorleyH.pdf.
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Gil-Rosado, Marie-Philomène. "Les libertés de l'esprit de l'enfant dans les rapports familiaux /." Paris : Defrénois, 2006. http://www.gbv.de/dms/spk/sbb/recht/toc/525241590.pdf.
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Peploe, Matthew. "In a World of its Own: How Operative Closure Limits the Law's Ability to Protect Children from Maltreatment." The University of Waikato, 2008. http://hdl.handle.net/10289/2231.
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New Zealand's figures for child maltreatment are consistently amongst the highest in the OECD. The purpose of this thesis is to understand what the legal system can do to protect children in New Zealand from maltreatment and why legal responses to child maltreatment often appear to be ineffectual or of limited effect. This thesis uses the theories of Luhman and Teubner to argue that the law's ability to protect children from maltreatment is limited because the legal system creates and responds to its own abstract world. This process arises from the functional requirements of the law and its operation as an autopoietic system of power that produces its own abstract knowledge about the world. The legal system's function within New Zealand society is to stabilise behavioural expectations and maintain society's coherence and it does so by reducing the complexity of subjective human existence into binary alternatives. However, this process of reducing complexity limits the way in which the law produces its knowledge about the world and controls how power is distributed within the law's abstract world to such an extent that the legal system is closed from the world of subjective experience. This closure from the world outside the legal system limits the law's ability to regulate and reform that outside world and protect the children who live within it. By identifying these limits, this thesis will contribute to an understanding of the limits of the law's ability to protect children from maltreatment and thereby improve the effectiveness of New Zealand society's attempts to protect its children.
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Jones-White, Barbara. "A demographic analysis of parents in Virginia who choose home instruction to educate their children." Diss., Virginia Polytechnic Institute and State University, 1987. http://hdl.handle.net/10919/77811.
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The purpose of this study was to analyze the demographic characteristics and validate reasons why parents in Virginia choose home schooling to educate their children. Approximately 300 approved parents in Virginia are currently providing home schooling for their children.
A questionnaire and interview schedule was developed to provide information on the characteristics and reasons associated with this form of alternative educational program being provided by parents.
This descriptive study addresses the population of parents in Virginia who educate their children at home. A questionnaire was sent to 100 randomly selected group of parents who are approved by the state to teach their children at home. Additionally, an interview was conducted with 10 randomly selected parents from this total population who received the questionnaire. The data in the study consisted of responses by 74 parents. Data was tabulated and reported using descriptive and inferential status. all computations were done on an IBM computer using the statistical package for the social services (SPSSX).
The following are the conclusions made as a result of the findings: As participants in home schooling, parents believe that public/private schools are a threat to their children's moral character. Also, that home schooling provides a better learning environment since parents are able to give more time (individual attention) and love to their children while learning.
Major reasons for home schooling are lack of good moral and character development public poor quality of public school education and desire to extend parent-child contact.
General characteristics of parents revealed by the responses indicate parents are small family structured averaging two children, upper incomes, providing a more child-centered program.Ed. D.
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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/.
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Kelly, Katherine Patterson Ganong Lawrence H. "Stepping up, stepping back, being pushed, and stepping away the process of making treatment decisions for children with cancer by parents who no longer live together /." Diss., Columbia, Mo. : University of Missouri-Columbia, 2008. http://hdl.handle.net/10355/6867.
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The entire dissertation/thesis text is included in the research.pdf file; the official abstract appears in the short.pdf file (which also appears in the research.pdf); a non-technical general description, or public abstract, appears in the public.pdf file. Title from PDF of title page (University of Missouri--Columbia, viewed on April 1, 2010). Vita. Thesis advisor: Lawrence H. Ganong. "May 2008" Includes bibliographical references
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Gurtner, Mark A. "Canonical factors to be weighed with regard to the formulation of diocesan norms for preparation for first Eucharist for home-catechized children." Theological Research Exchange Network (TREN), 2005. http://www.tren.com/search.cfm?p029-0646.
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Basson, Lindinette. "Perspectives on the best interests of the child : developments in the interpretation and application of the principle in the South African law relating to custody." Thesis, Stellenbosch : Stellenbosch University, 2004. http://hdl.handle.net/10019.1/18091.
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Thesis (LLM )-- Stellenbosch University, 2004.ENGLISH ABSTRACT: The Constitution of the Republic of South Africa entrenches the best interests of the child as being of paramount importance in all matters concerning the child. This commitment to the promotion of the welfare of children is not unique to modern South African law, but is an acknowledged principle of the common law and international child law as well. With such well-established recognition the question, which forms the primary focus of this study, arises whether the principle of the best interests of the child is workable and applicable in real life scenarios where the custody of a child has to be decided. The challenge to the application of the principle in this context is to reach a decision that will protect the parent-child relationship regardless of the marital breakdown. The question is whether the principle allows for and creates an honest awareness of and commitment to the welfare of children that influence decisions in this context or whether courts and decision-makers merely pay lip service to it in order to conceal the haphazard way in which custody is awarded. In order to determine the workability and applicability of the principle, it is necessary to know how the principle has evolved in the South African legal context. Through the examination and analysis of existing literature, international conventions, legislation and case law, a number of different perspectives on the developments in the interpretation and application of the principle are provided. These perspectives culminate in the useful and constructive insight and conclusion that the value of the concept is dependant upon the correct approach to the principle and its characteristics. The defining characteristic of the principle of the best interests of the child is its inherent vagueness and indeterminacy. Though this subjects the principle to serious criticism, this study supports the argument that indeterminacy is in fact essential. It ensures not only the flexibility of the concept, rendering it applicable to the time, cultural sphere and social context and unique circumstances of each case it is applied to, but a holistic approach to the child as individual and family as a unit as well. This holistic approach forms the foundation of the lists of criteria in McCall v McCall 1994 (3) SA 201 (C) and the Children's Bill, thereby establishing the workability and value of the principle for fair and just results in all decisions pertaining to the custody of children.
AFRIKAANSE OPSOMMING:Die Grondwet van die Republiek van Suid-Afrika verskans die beste belange van die kind as van deurslaggewende belang in elke aangeleentheid rakende die kind. Die verbintenis tot die bevordering van die belange van kinders is nie 'n verskynsel uniek aan die moderne Suid-Afrikaanse reg nie, maar is 'n erkende beginsel in beide die gemenereg en die internasionale kinderreg. Met hierdie wyd-verspreide en algemene erkenning ontstaan die vraag, wat dan ook die primêre fokus van hierdie studie vorm, of die beginsel van die beste belang van die kind werkbaar en toepaslik is in ware lewensdramas waar 'n beslissing oor die bewaring van 'n kind gemaak moet word. Die uitdaging vir die toepassing van die beginsels in hierdie konteks is om 'n besluit te neem wat die voortbestaan van die ouer-kindverhouding ten spyte van die verbrokkeling van die huwelik sal verseker. Die vraag is of die beginsel werklik 'n eerlike bewussyn van en verbintenis tot die welstand van kinders skep wat die besluitnemingsproses in hierdie konteks beïnvloed en lei en of howe en besluitnemers bloot die regte lippetaal gebruik om die lukrake manier waarop besluite geneem word te verbloem. Om die werkbaarheid en toepasbaarheid van die beginsel te bepaal is dit nodig om die proses van evolusie van die beginsel in die Suid-Afrikaanse reg onder oënskou te neem. Deur die ondersoek en analise van bestaande literatuur, internationale konvensies, wetgewing en hofuitsprake word 'n aantal perspektiewe op ontwikkelinge in die interpretasie en toepassing van die beginsel voorgelê. Hierdie perspektiewe lei tot die betekenisvolle en opbouende gevolgtrekking en insig dat die waarde van die konsep afhang van 'n korrekte benadering tot die beginsel en sy kenmerke. Die hoofkenmerk van die beste belange van die kind beginsel is die inherente vaagheid en ondefinieerbaarheid daarvan. Hoewel dit die beginsel aan ernstige kritiek onderwerp, ondersteun hierdie studie die argument dat die onbepaaldheid in der waarheid noodsaaklik is. Dit verseker nie alleen buigsaamhied, wat toepassing op alle tye in alle kulturele en sosiale omgewings en besondere omstandighede van 'n spesifieke geval moontlik maak nie, maar ook dat 'n holistiese benadering tot die kind as individue en die gesin as eenheid gevolg word. Hierdie holistiese benadering vorm die grondslag van die lyste van faktore in McCall v McCall 1994 (3) SA 201 (C) en die Wetsontwerp op Kinders 2003 waarmee die werkbaarheid en waarde van die beginsel vir billike en regverdige resultate in alle aangeleenthede rakende die bewaring van kinders verseker kan word.
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Elgeed, Mohammad Ahmed Awad. "International child abduction : an Islamic and Hague convention perspective." Thesis, University of Aberdeen, 2006. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=211263.
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This study is intended to address the problem of international parental child abduction from Islamic and international perspectives. During a decade of working as a judge in the state of Qatar a number of cross-border child abduction cases occurred involving GCC, Arab and Western parents. In none of these cases has the Hague Convention on The Civil Aspects of International Child Abduction (1980) been consulted or mentioned. There is no evidence that the attention of Qatari judges has ever been drawn to the existence of this important international treaty. However, for the reasons given throughout this study, it will be argued that The Hague Convention is too important to be totally ignored by Muslim countries, while these countries will probably start to face an increasing number of cross-border child abduction cases. The benefits of acceding to the Convention are made clear by considering a diversity of international cases where the solutions of the Convention best serve the welfare of the abducted children by procedurally ordering their prompt return to their habitual residence, thus putting to an end an arbitrary act of abduction unjustifiably carried out by one of the carers. It is hoped that in the end this research will bring Islamic and Convention understandings closer to each other with regard to the problem of international parental child abduction.
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Parkinson, Patrick Newport. "Family Law and the Indissolubility of Parenthood." Thesis, The University of Sydney, 2018. http://hdl.handle.net/2123/18618.
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Smith, Samantha. "Stolen sperm : should the law absolve an involuntary father from the duty to furnish child maintenance?" Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/15196.
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The terrain of family law is increasingly complex and diverse and is constantly adapting to the changing social, cultural, political and economic landscape in which it is located. It is thus open to much development, particularly in the area of parenthood. In its simplest form, parenthood results when two consenting adults, knowingly and willingly, engage in sexual intercourse to conceive a child. The allocation of parental rights and responsibilities is therefore simplified on the basis that both parties consented to becoming parents. However, the assignment of legal parenthood is not always as clear-cut. Over the past three decades, the courts in the United States, in particular, have been tasked with adjudicating cases in which a biological father has refused to furnish child maintenance on the grounds that he was sexually forced into parenthood. These claims have highlighted the tension between biological fatherhood and legal parenthood, and have thus created a legal, ethical and practical quagmire in family law. Therefore this dissertation will explore the instances in which paternity is deceitfully imposed, the plethora of legal problems that arise and the possible legal routes open to involuntary fathers to avoid paying child support.
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Stewart, Danielle. "Considering Parental Alienation When Assessing Best Interest of the Child." Scholarship @ Claremont, 2019. https://scholarship.claremont.edu/cmc_theses/2100.
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As the divorce rate in the United States remains steady at 50%, the last few decades have shown an increase in child custody disputes. Within these litigations, interparental conflict can reach high levels and incite behaviors that wreak havoc on the children who are caught in the middle. When considering custody arrangements, judges and other evaluators use the Best Interest of the Child Standard (BICS), a jurisdictionally-specific framework that examines several factors that contribute to a child’s health and well-being. Parents who allow their resentments to get the better of them sometimes engage in behavior that encourages their child to become alienated from the other parent, known as Parental Alienation (PA) —a form of psychological abuse that can result in emotional and behavioral consequences for the child. While some states investigate components relevant to PA during a BICS evaluation, none include criteria that directly addresses this construct. Therefore, to achieve the intended outcome of BICS, which is to create a custody arrangement that will best meet a child’s needs, recognizing and addressing the presence of PA within a family system is required.
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Fuchs, Martina. "Die Haftung des Familienhaupts nach Art. 333 Abs. 1 ZGB im veränderten sozialen Kontext /." Zürich ; Basel Genf : Schulthess, 2007. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=016984486&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA.
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Brown, Amanda J. "Protection from child emotional abuse in family law parenting matters over two regimes of the Family Law Act 1975 (Cth): Policy, legislation and judicial reasoning." Thesis, Queensland University of Technology, 2017. https://eprints.qut.edu.au/112815/2/Amanda_Brown_Thesis.pdf.
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This thesis explored whether Australian family law adequately protects emotionally abused children in parenting matters. It explored the nature of child emotional abuse, and analysed two regimes of the Family Law Act 1975 and their political underpinnings. It analysed case law to understand judicial interpretation and application of the law. Applying social science understandings of child emotional abuse, this thesis found Australian family law – as embodied in legislation, case law, and policy - has not adequately dealt with this form of child maltreatment. Findings indicate the need to develop more robust approaches to child emotional abuse in family law matters.
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Baumgarten, Steffen. "Die Entstehung des Unehelichenrechts im Bürgerlichen Gesetzbuch /." Köln : Böhlau, 2007. http://deposit.d-nb.de/cgi-bin/dokserv?id=2958542&prov=M&dok_var=1&dok_ext=htm.
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Brown, James Roger. "Trajectories of parents' experiences in discovering, reporting, and living with the aftermath of middle school bullying." Connect to resource online, 2010. http://hdl.handle.net/1805/2143.
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Thesis (Ph.D.)--Indiana University, 2010.Title from screen (viewed on May 3, 2010). School of Social Work, Indiana University-Purdue University Indianapolis (IUPUI). Advisor(s): Margaret E. Adamek, Valerie N. Chang, Nancy Chism, Rebecca S. Sloan, Lorraine Blackman, Matthew C. Aalsma. Includes vitae. Includes bibliographical references (leaves 216-241).
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Candia, Ana Carolina Nilce Barreira. "Responsabilidade civil por abandono imaterial (ou afetivo) direto e inverso." Pontifícia Universidade Católica de São Paulo, 2018. https://tede2.pucsp.br/handle/handle/20846.
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The work at hand intends show that, if one of the parents does not detain custody of the offspring, that is not a factor to allow total absence, even when it already involves support regarding cost of food and other material issues. This is because a parent’s obligation to impute paternal duties cannot be fulfilled without presence. In this way, absence necessarily implies the parent's failure to fulfil the duties of care inherent to the parent’s obligation, that is, it constitutes an unlawful act. The damages resulting from this must, therefore, give rise to the incidence of liability, which is based on the precept of not harming others. Seeking to obey this principle, is that the parent who sees the other parent practicing parental alienation of the child should seek judicial protection in order to cease this act and ensure their right-duty to visit and live with the child. If the father or mother does nothing to stop the parental alienation, he cannot use it as a pretext to exclude civil liability if he practices abandonment, since this scenario would be the act of benefiting from his own inaction, since it would use the omission in not ceasing the alienation in order to avoid the duty of care. On the other hand, if the non-custodian seeks to visit the child, but - for reasons of his own - is faced with rejection by the child, there will be no possibility of parental abandonment to give rise to the obligation to indemnify. Instead, in this hypothesis, there is the practice, by the father or mother, of commissive acts for their convenience. With respect to love, it was verified that the incidence of the indemnity is not for lack of affection, but for lack of care; It should be noted that those who care do not show rejection, even if they do not love. It was also pointed out that biological, adoptive or socio-affective parenthood are equivalent, therefore, the inherent duties are also equivalent. In turn, the one who, although not effecting paternity registration in the civil registry, captivates the infant acting as if the father or mother were, must also respond for the damages caused in case of later abandonment of the minor. This is because it will be faced with non-compliance with the precepts of objective good faith. Following the same logic of reasoning, however, in reverse, we also denote the right of the elderly to family life and the duty of their sons to care for them. Thus, even if there is material costing, the lack of zeal and absence of the offspring when the parents are old constitutes itself as an unlawful act and causes the consequent damages. However, there is an exception to the enforceability of this care, when the child who leaves was once a victim abandoned in childhood or adolescence, that is, he was the victim of an unworthy act that should rule out the enforceability of both food and immaterial care
Dedica-se o presente trabalho a observar que o fato de algum dos genitores não deter a guarda da prole não é fator a permitir a total ausência, ainda que haja o custeio de alimentos e outras questões materiais. Isto porque, o poder familiar imputa deveres paternos que não podem ser cumpridos sem que haja presença. Desta forma, a ausência implica, necessariamente, em inadimplemento, pelos pais, dos deveres de cuidado inerentes ao poder familiar, ou seja, se constitui como ato antijurídico. Os danos decorrentes deste devem, assim, ensejar a incidência da responsabilidade, a qual tem como base o preceito de não lesar a outrem. Buscando obedecer a este princípio, é que o genitor que vê o outro progenitor praticando alienação parental do(a) filho(a), deve buscar tutela jurisdicional a fim cessar este ato e garantir o seu direito-dever de visitar e conviver com o filho. Se o pai ou a mãe nada faz para cessar a alienação parental, não poderá usá-la como pretexto para afastar a responsabilidade civil caso pratique o abandono, vez que esse cenário configuraria o ato de se beneficiar da própria torpeza, pois se utilizaria da omissão em não cessar a alienação para se furtar do adimplemento do dever de cuidado. Por outro lado caso haja busca pelo não guardião em visitar o(a) filho(a), mas este é que – por motivos próprios- pratique a rejeição, não se estará diante de hipótese de abandono paterno a ensejar o dever de indenizar, vez que, nesta hipótese, há a prática, pelo pai ou mãe, de atos comissivos para a convivência. Com relação ao amor, verificou-se que a incidência da indenização não é por falta de afeto, e sim por ausência de cuidado; cabendo notar que quem cuida não demostra rejeição, ainda que não ame. Também se apontou que a paternidade biológica, adotiva ou socioafetiva são equivalentes, portanto, os deveres inerentes também o são. Por sua vez, aquele que, apesar de não efetivar averbação de paternidade no registro civil, cativa infante agindo como se pai ou mãe fosse, também deverá responder pelos danos causados caso posteriormente abandono o menor. Isto porque, estar-se-á diante de descumprimento dos preceitos da boa-fé objetiva. Seguindo a mesma lógica de raciocínio, porém, de maneira inversa, denotamos também o direito dos idosos à convivência familiar e o dever dos filhos cuidarem daqueles. Assim, ainda que haja o custeio de questões materiais, a falta de zelo e ausência da prole quando os pais são idosos se constitui como ato antijurídico a enseja os decorrentes danos. Contudo, há exceção da exigibilidade deste cuidado quando o filho que abandona, outrora foi vítima abandonado na infância ou adolescência, ou seja, foi vítima de ato indigno que deve afastar a exigibilidade tanto de alimentos como de cuidados imateriais
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Richardson, LaResha R. "EDUCATION THROUGH THE EYES OF FOSTER PARENTS." CSUSB ScholarWorks, 2017. https://scholarworks.lib.csusb.edu/etd/566.
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Not all children live with their biological parents. In 2013, approximately 60,000 children in California were in foster care. These children comprise a significant subgroup of students in public schools today and are one of the most educationally vulnerable student populations. Often they are, as a group but with individual exceptions, low-performing.
Parents’ involvement has often been credited with improving school achievement. Foster parents, therefore, play an important role in ensuring the academic success of foster care children. Foster parents encourage, provide emotional support and guidance to these children and advocate on their behalf.
The purpose of this study was to explore how foster parents perceived the educational experience of children in foster care. A qualitative research approach utilized an interview process to explore the participants’ perceptions and generate recommendations for developing a more effective educational system. The study sample consisted of eight foster parents, recruited by snowball sampling, with experience working with school-age children in foster care. Face-to-face interviews were conducted, audio-recorded, and transcribed for analysis. The purpose of this study was to explore foster parents’ perceptions and identify important issues that they believed contribute to the academic successes and failures of children in foster care. Findings were analyzed to generate recommendations for developing a more inclusive educational system. The data was examined in relation to two theoretical frameworks; Bronfenbrenner’s ecological model and Maslow’s hierarchy of needs.
Foster parents reported that they believed they participated in the foster child's academic achievement. They did not believe that they were always supported to fully assist the foster children to achieve their full potential. Foster parents perceived two-way collaboration as imperative when addressing the educational needs of children in foster care. While they believed that they were efficient in yielding results to help children in foster care become academically successful, foster parents also believed that changes need to occur within the foster care system that would enable them to be more efficient and effective. This research study brought light to the complex dynamics of foster parent responsibilities and educational decision-making. Those dynamics included lack of adequate and sufficient training offered to teachers and foster parents regarding the education of children in foster care; the lack of foster parent knowledge regarding district-mandated foster parent liaisons and factors that inhibit foster parent collaboration. All findings have implications for the foster care system. However, the conclusions are limited to only foster parents’ reports. Information was not gathered from other stakeholders, such as foster children, social workers, teachers and those within the foster care legal system.
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Forsman, Maria. "Rättsliga ingripanden vid föräldrars våld och övergrepp mot barn." Doctoral thesis, Umeå universitet, Juridiska institutionen, 2013. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-68837.
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The thesis concerns two pathways for legal intervention in cases of suspected child abuse at the hands of parents. One pathway is based on social law, where society's utmost tool is child protective custody. The other pathway is criminal law, where the abuse is investigated and enforced as a criminal offence. Sometimes only one of these pathways becomes relevant, sometimes both. The purpose of the thesis is to examine and analyse the regulatory framework and its practical application, and to highlight what the two pathways of intervention can accomplish in relation to the child victim's rights and interests. In the case of child abuse, the (legal) relationship between parents and children - and between children, parents and society - is brought to a head. The study demonstrates that many complex legal issues arise when the person subjecting the child to violence and abuse is the same person who under family law answers for the child's protection, care and representation. It is inter alia noted that the concept "best interests of the child" is interpreted somewhat freely, which can risk overriding the legal rights of the child victim. It is concluded that, in order to secure the child victim's legal protection, the regulation needs many small enhancements, each tailored to the problem conditions.
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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.
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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.
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Dafoe, Eric C. "The Effectiveness of Peer Mentoring with High School Student Mentors and Child Mentees." Thesis, University of North Texas, 2017. https://digital.library.unt.edu/ark:/67531/metadc1062894/.
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This randomized, controlled study examined the effectiveness of two mentoring programs, child mentor relationship training (CMRT) and peer assistance and leadership (PAL®), on high school mentor empathic behaviors and child mentee behavior problems. Participants were 60 young, at-risk students (61.7% male; 38.3% Hispanic/Latino/a, 31.7% Caucasian, 21.7% African American, 8.3% biracial) and 30 high school students (53.3% male; 66.7% Caucasian, 26.7% Hispanic/Latino/a, 0.03% African American, 0.03% Asian). Mentors and mentees were randomly assigned to CMRT or PAL®, which was treatment as usual in the participating school district. Results from 2 (group) by 2 (time) repeated measures ANOVAs indicated compared to the PAL® treatment group over time, mentors in the CMRT group demonstrated statistically significant improvement in empathic behaviors with a large treatment effect, as rated by independent observers. Analysis revealed a moderate treatment effect with CMRT group mentee behavior problems, but the difference was not statistically significant between treatment groups over time. Further analysis revealed the CMRT group demonstrated statistically significant reductions in behavior problems from pre- to post-test with a very large treatment effect. Overall, findings support CMRT as a promising school-based intervention for at-risk young children that potentially increases school counselor efficiency.
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Human, Cornelia Sophia. "Invloed van die begrip kinderregte op die privaatregtelike ouer-kind verhouding in die Suid-Afrikaanse reg." Thesis, Stellenbosch : University of Stellenbosch, 1998. http://hdl.handle.net/10019.1/4446.
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Thesis (LLD (Private Law))--University of Stellenbosch, 1998.490 leaves double sided printed, preliminary pages and numbered pages 1-469. Includes bibliography. Digitised using a HP Scanjet 8250 Scanner to pdf format (OCR).
ENGLISH ABSTRACT: The thesis investigates the effect of the recognition of the rights of the child on the parent-child relationship in private law. Rights of the child seem, on the face of it, to undermine parental authority and family values. The impression is created that the state is abdicating its role as protector of the child in favour of unfettered freedom of the child. The delicate balance between individual freedom and family autonomy may in the result also be under threat. It was, therefore, necessary to extend the investigation to include the role of parents and that of the state. The study is divided into three parts. The first contains a theoretical analysis of the concept rights of the child. It is clear that the concept is a manifestation of fundamental human rights. The rights of the child are unique in nature and accommodate the changing phases of dependence and developing abilities of the child. Theoretical analysis negates the perception that the recognition of the rights of the child contributes to erosion of the family: the importance of the commitment of parents and of the state is apparent. The second part consists of a comprehensive review of the parent-child relationship in the South African private law, and an analysis of the public law dimension of the concept rights of the child. This part of the investigation demonstrates that parental authority is firmly rooted in legal history and that substantive private law does not recognise the child as bearer of rights within the context of the family. However, the Bill of Rights and the 1989 United Nations Convention on the Rights of the Child unequivocally give public law status to the child as bearer of rights. The study shows that the private and public law status of a child cannot be isolated from one another and that adaptations will have to be made to implement the rights of the child. In the third part of the study an attempt is made to identify the kind of adaptation that must be made. The impact of the idea of the rights of the child upon the parent-child relationship in private law is investigated. Australian and Scottish law are examples of legal systems which endeavour to implement fully the concept of the rights of the child. Indigenous law places a high value on human dignity. The interaction between rights and duties in indigenous systems reflect values which are inherent in the idea of the rights of the child. The study shows that the impact of the rights of the child on the parent-child relationship is such that change and adaptation of private law is necessary. Change and adaptation are required at both theoretical and practical level. A number of obstacles which may inhibit the process of change are identified. Finally, the kind of change and adaptation required is illustrated by a number of practical examples of the impact ofchange on the parent-child relationship.
AFRIKAANSE OPSOMMING: Daar word in hierdie proefskrif gepoog om te bepaal wat die effek van die erkenning van kinderregte op die ouer-kind verhouding in die privaatreg is. Kinderregte skep op die oog af die persepsie dat ouerlike gesag en gesinswaardes onderrnyn word en dat die staat sy rol as beskerrner van 'n kind abdikeer ten gunste van onbeperkte vryhede aan 'n kind. Die delikate balans tussen individuele vryhede en gesinsoutonomie is in gedrang en op hierdie wyse word die rol van ouers en die staat ook by die ondersoek betrek. Die studie behels 'n drieledige ondersoek. In die eerste plek vind 'n teoretiese ontleding van die begrip kinderregte plaas. Hierdie ondersoek toon aan dat kinderregte 'n verskyningsvorrn van fundamentele menseregte is. Kinderregte het 'n eiesoortige aard en akkommodeer die wisselende fases van afhanklikheid en ontwikkelende verrnoens van 'n kind. Die betrokkenheid van ouers en die staat word beklemtoon en die teoretiese uitgangspunt besweer gevolglik negatiewe persepsies dat die erkenning van kinderregte tot gesinsverbrokkeling sal meewerk. Die tweede deel van die ondersoek bestaan uit 'n volledige uiteensetting van die ouerkind verhouding in die Suid-Afrikaanse privaatreg en 'n ontleding van die publiekregtelike dimensie van die begrip kinderregte. Hierdie deel van die ondersoek bewys dat ouerlike gesag regshistories sterk fundeer is en dat die substantiewe privaatreg nie die kind as draer van regte binne gesinsverband erken nie. Daarteenoor verleen die Handves van Regte en die Verenigde Nasies se Konvensie op die Regte van die kind 1989 'n duidelike publiekregtelike status aan die kind as draer van regte. Die ondersoek toon aan dat die privaatregtelike en publiekregtelike status van 'n kind nie van mekaar gelsoleer kan word nie en dat aanpassings sal moet plaasvind ten einde kinderregte te implementeer. Die tipe aanpassings wat gemaak sal moet word, vloei voort uit die derde element van hierdie studie. Hierdie deeI van die studie behels 'n toepassing van die idee van kinderregte op die ouer-kind verhouding in die privaatreg. 'n Regsvergelykende element word betrek en die Australiese en Skotse reg word as modelle van 'n regstelsel voorgehou wat poog om kinderregte tot sy volle konsekwensies te implementeer. Vir doeleindes van interne regsvergelyking word daar ook na die inheemse reg verwys. Die hoe premie wat laasgenoemde regstelsel op menswaardigheid plaas en die wisselwerking tussen regte en verpligtinge verteenwoordig waardes wat eie aan die idee van kinderregte is. Die gevolgtrekking is dat die effek van kinderregte op die ouer-kind verhouding van sodanige omvang is dat aanpassings in die privaatreg sal moet plaasvind. Veranderings in regsdenke en formele aanpassings word vereis en 'n aantal struikelblokke wat deel van hierdie proses is, word uitgelig. Sekere praktiese implikasies vir die ouer-kind verhouding word ook voorgehou ten einde te illustreer wat die aard van die aanpassings is wat vereis word.
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Masterton, Gina H. "Australia's embrace of the 1980 Hague Abduction Convention: How the judiciary's narrow interpretation of the "grave risk of harm" exception harms abused taking mothers and their children." Thesis, Queensland University of Technology, 2016. https://eprints.qut.edu.au/96109/4/Gina_Masterton_Thesis.pdf.
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This thesis explored how Australian courts have dealt with a recent surge in international parental child abductions by primary carer mothers escaping domestic violence perpetrated by their children’s father. This area of the law is governed by the 1980 Hague Abduction Convention, implemented by Australia in 1986. A selection of reported cases decided between 2005 and 2015 where the “Grave Risk of Harm” defence was raised by the mother was analysed. The conclusion was that Australian courts generally apply the Convention narrowly to all cases, even domestic violence cases, and that this approach can adversely affect abused women and children.
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Matteoli, Anna. "Les conflits de compétence d'attribution en droit de la famille." Thesis, Strasbourg, 2014. http://www.theses.fr/2014STRAA026/document.
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Les juges appelés à connaître des affaires familiales sont nombreux. Le juge aux affaires familiales, le juge des enfants, le juge des tutelles, le tribunal d’instance et de grande instance, le juge du tribunal d’instance, le président du tribunal de grande instance ont tous une part de compétence. Les compétences de ces différentes juridictions peuvent s’entrecroiser et ainsi créer des conflits de compétence d’attribution. Afin d’appréhender de manière raisonnée les questions soulevées, nous proposons de distinguer trois types de conflits : les conflits réels, les conflits apparents et les pseudo-conflits. Les conflits réels naissent lorsque deux juridictions, ayant un pouvoir juridictionnel identique, peuvent se déclarer compétentes pour une même affaire. Dans les conflits apparents, les juridictions semblent avoir les mêmes compétences et un pouvoir juridictionnel identique, mais l’étude des dispositions légales clarifie leur intervention et évite le conflit. En présence de pseudo-conflits, il ne s’agit pas de compétence mais de pouvoir. L’étude des conflits est importante car si la pluralité de juridictions évite une standardisation des rapports familiaux, une meilleure lisibilité des compétences s’impose en droit de la familleIn France, many judges and courts intervene in family. Sometimes it becomes very difficult to know to which judge or court one must turn to. All these courts and judges may be in competition for the same matter, thus creating confusion and conflicts of jurisdiction between themselves. In order to study the outcome of these conflicts, we suggest to distinguish between three types of conflicts: real conflicts, seeming conflicts and pseudo-conflicts. Real conflicts occur when two courts having the same jurisdictional power decide that they are both capable to judge the same case. Seeming conflicts occur each time two courts seem to have the same jurisdiction but further study of legal provisions quickly shows that all conflict is easily avoided. Pseudo conflicts are related to the power to judge. In other words there is no legal base enabling the judge or court (no matter which) to render a decision. Studying these conflicts is important. Indeed, a plurality of courts and judges is necessary so that family cases are not always tried in a standard way. Nevertheless it is also necessary to have a clear view of the different jurisdictions involved in family law
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Mueller, Vannesa Theresa. "The effects of a fluent signing narrator in the Iowa E-Book on deaf children's acquisition of vocabulary, book related concepts, and enhancement of parent-child lap-reading interactions." Diss., University of Iowa, 2008. https://ir.uiowa.edu/etd/40.
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Early lap-reading experiences have been shown to benefit normally hearing children. Within this lap-reading context, children are exposed to more diverse vocabulary, complex syntactic structures, story grammar constructs, and higher level thinking skills such as inferencing, predicting, and evaluating. There is also evidence that children with hearing impairment benefit from lap-reading experiences, but with more modest effects. It has been hypothesized that greater effects have not been documented due to the fact that many hearing parents may be uncomfortable or may lack adequate skills to teach their deaf children literacy skills in sign and print as do deaf parents by reading and sharing stories from books with their deaf children (Marschark & Harris, 1996).
In addition, the reading skills of deaf children have historically been, and continue to be lower than those of normally hearing children. It is hypothesized by this researcher that a factor which contributes to the reading difficulties seen in the majority of deaf children is a lack of linguistic and literacy exposure and practice that comes from early lap-reading experiences with an adult, who is competent in the language of the child.
The Gallaudet Shared Reading Project represents an attempted intervention that has had some success; though there are inherent limitations to the program. An experimental approach that uses the Iowa E-Book seeks to make up for the limitations of the Shared Reading Project. This study involves the use of four mother-child dyads in a single subject design study that seeks to answer two research questions. The first involves testing the effects of including a signing narrator in the Iowa E-Book on the development of deaf children's knowledge of sign vocabulary and book related concepts. The second involves assessing changes in the parent-child interactions that occur while using the Iowa E-Book with and without sign support.
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Hubert-Dias, Gwenaëlle. "L'intérêt supérieur de l'enfant dans l'exercice de l'autorité parentale : Etude de droit européen comparé." Thesis, Reims, 2014. http://www.theses.fr/2014REIMD001/document.
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L'intérêt supérieur de l'enfant est un principe international proclamé à l'article 3-1 de la Convention internationale des droits de l'enfant. L'exercice de l'autorité parentale est dominé par la prise en compte de ce principe.La notion d'intérêt supérieur de l'enfant présente une unité à l'échelle européenne. Contribuent à la préciser des éléments de contenu éclairés par la mise en évidence d'une grille de lecture dégagée à partir de l'analyse de la jurisprudence interne et européenne. En outre, les arrêts de la Cour européenne des droits de l'homme fondent l'émergence d'éléments de caractérisation permanents mais non cumulatifs et parfois s'excluant : le maintien de relations personnelles entre l'enfant et ses père et mère d'une part ; un environnement sain autour de l'enfant, d'autre part. La notion d'intérêt supérieur de l'enfant révèle son autonomie par l'existence de moyens d'appréciation, modalités et modes propres. Cette autonomie se trouve étroitement liée à l'impact qu'offre à la notion sa réception dans les différentes législations européennes. Cette large consécration se trouve confortée par le développement d'un contrôle de conventionnalité révélateur de la véritable nature de l'intérêt supérieur de l'enfant. L'intérêt supérieur de l'enfant constitue désormais une notion clef dans le domaine de l'exercice de l'autorité parentale. Il fonde un nouvel ordre public protecteur de l'enfant à l'échelle européenne. Sa primauté s'impose corrélativement de plus en plus nettement. Surgissent toutefois des conflits entre cet intérêt supérieur et d'autres intérêts ou principes concurrents. In fine, l'unité et l'autonomie de l'intérêt supérieur de l'enfant, désormais notion de droit, devraient asseoir une effective protection de l'enfant en EuropeThe child's highest interest is an international principle that has been announced in the 3-1 article of the International Bureau for Children's' Rights. This principle dominates the exercise of the parental authority.The notion of the child's highest interest is seen as a unit at the European scale. It can be clarified thanks to a key to read that has been highlighted from the French and European jurisprudence and which contains some content elements. Besides the appearance of characterization's elements is based on the Human Rights European Court's judgements. Those elements are permanent, non-cumulative and sometimes they can become mutually exclusive such as the maintenance of individual relations between the child and his parents or a healthy environment around the child. The notion of the child's highest interest is autonomous by judgment resources, modes and own methods. This autonomy is slightly linked to the notion's impact in the different European legislations. This large recognition is strengthened by the increase of a conventionality review that reveals the real nature of the child's highest interest. The child's highest interest is from now on part of a key notion in the area of the parental authority's exercise. It creates a new public order that protects the child at the European scale. Its primacy establishes itself more and more clearly. However, some conflicts between the highest interest and other concerted interests and principles suddenly appear. Ultimately, the unit and autonomy of the child's highest interest, which is from now on a law notion, should base an effective protection of the child in Europe
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Ramonyai, Mothekoa Gratitude. "Evaluating the best interest of a child as a factor influencing the sentencing of the primary caregiver." Thesis, University of Limpopo, 2019. http://hdl.handle.net/10386/3144.
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Thesis (LLM.) -- University of Limpopo, 2019This mini-dissertation seeks to evaluate the best interests of the child as a separate factor that influences the sentencing of a primary caregiver. When a parent is in conflict with the law, the child stands to be affected sentence that the court may impose on the caregiver. A custodial sentence has the potential of affecting the child’s right to parental care. Therefore, in the event where a custodial sentence is appropriate, alternative care of the child by other persons become a possible option. The author recommends that after applying the principles articulated in S v M and making use of a child impact report; the right of the child to parental care should carry more weight. Thus, courts should duly consider the best interest of the child as an independent factor when negative effects to the child are associated with the sentence. Where appropriate, with either a non-custodial sentence or adequate alternative care (in the case of imprisonment).
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Almeida, Maria Juliana Andrade [UNESP]. "As representações sociais de pais sobre a pensão alimentícia: entre a ajuda e o direito." Universidade Estadual Paulista (UNESP), 2011. http://hdl.handle.net/11449/98579.
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almeida_mja_me_fran.pdf: 761304 bytes, checksum: 32d85216cec7deaef2fae430233d0bd8 (MD5)Esta pesquisa tem como objetivo compreender as representações sociais da Pensão Alimentícia para homens-pais que são separados. Localiza-se no campo de estudos sobre família e utiliza como referencial a Teoria das Representações Sociais, por considerar que visa legitimar a importância do senso comum e das práticas coletivas para a compreensão dos fenômenos sociais. A revisão da literatura priorizou estudos sobre as atuais configurações de família e a legislação que normatiza o pagamento da pensão alimentícia. A pesquisa de campo foi realizada por meio de entrevistas estruturadas com sete sujeitos que tinham ações judiciais em andamento na Comarca de Pratápolis-MG ou que buscaram atendimento junto ao Serviço Social Judicial, com relação à Pensão Alimentícia. Utilizou-se o Método Hermenêutico Dialético na análise das entrevistas, o qual organizou as discussões da Pensão Alimentícia em dois eixos temáticos: A) Pensão Alimentícia e B) Paternidade. Este estudo propõe-se a dar centralidade à figura do homem-pai, visto que, embora se fale muito em família, tem sido dada certa prioridade aos estudos com crianças, jovens, mulheres e idosos. Observa-se ainda que se tem dado ênfase à materialidade e esquecido a questão da afetividade que permeia a relação entre pais e filhos. Nesta pesquisa, apresentamos as dificuldades vivenciadas pelos pais no pagamento da pensão alimentícia, dificuldades de ordem material e também de ordem relacional, na convivência com as mães dos filhos e também com os filhos
Esta pesquisa tiene como objetivo comprender las representaciones sociales de la Pensión Alimenticia para hombres-padres que son separados. Ubicase en el campo de los estudios sobre familia y utiliza como referencial la Teoría de las Representaciones Sociales por considerar que propone legitimar la importancia del sentido común y de las prácticas colectivas para la comprensión de los fenómenos sociales. La revisión de la literatura dio prioridad a los estudios sobre las actuales configuraciones de la familia y la legislación que regulariza el pagamiento de la Pensión Alimenticia. La pesquisa de campo fue realizada por medio de entrevistas estructuradas con siete individuos que tenían acciones en tramitación en la comarca de Pratápolis-MG ó que buscaran atención junto al servicio social judicial con relación a Pensión Alimenticia. Se utilizo el método hermenéutico dialéctico en el análisis de las entrevistas que organizó las discusiones de la Pensión Alimenticia en dos ejes temáticos: A) Pensión Alimenticia; B) Paternidad. Este estudio se propone dar centralidad a la figura del hombre-padre, visto que, aunque se hable mucho en familia, ha sido dada cierta prioridad a los estudios con niños, jóvenes, mujeres y ancianos. Se observa todavía que se ha dado énfasis a la materialidad y se ha olvidado la cuestión de la afectividad que está en medio de la relación entre padres e hijos. En esta pesquisa, presentamos las dificultades vividas por los padres con el pagamiento de la Pensión Alimenticia., dificultades de orden material y también de orden relacional, en la convivencia con las madres de los hijos y también con los hijos
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Kress, Viktoria. "Internationale Zuständigkeit für elterliche Verantwortung in der Europäischen Union : das neue europäische Familienverfahrensrecht in Fragen der elterlichen Verantwortung im Kontext der Haager Abkommen /." Frankfurt am Main [u. a.] : Lang, 2006. http://www.gbv.de/dms/spk/sbb/recht/toc/507193644.pdf.
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Copur, Eylem. "Gleichgeschlechtliche Partnerschaft und Kindeswohl /." Bern : Stämpfli Verl, 2008. http://deposit.d-nb.de/cgi-bin/dokserv?id=3072567&prov=M&dok_var=1&dok_ext=htm.
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Danovska, Ketija. "Vaccination Hesitancy Among Parents in Stockholm, Sweden : A qualitative study examining the effect of the incorporation of the “United Nations Convention on the Rights of the Child” into Swedish Law in 2020." Thesis, Södertörns högskola, Miljövetenskap, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:sh:diva-43153.
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Background: On 1 January 2020, the UNCRC was incorporated into the Swedish national law. The Convention argues that all children have the right to health, life, survival and development. The Articles of the UNCRC require higher authorities, health facilities and parents to act in the best interest of children, and to do everything to secure children’s rights. Interpreting the Convention, it is possible to conclude that all children have the right to safe and effective vaccines. Even though vaccines are accessible and free of charge to all children in Sweden, vaccination coverage for multiple vaccine-preventable diseases in Sweden has dropped. As one of the reasons for this drop in vaccination coverage is proposed vaccination hesitancy. To fulfil children’s rights as proposed in the UNCRC, vaccination hesitancy needs to be understood and addressed. Aim: The objective of the study is to understand causes of vaccination hesitancy among parents living in Stockholm, Sweden and to examine how healthcare professionals in Stockholm County are working to eliminate vaccination hesitancy, in goal to promote children’s rights to health, life, survival and development after the UNCRC became a Swedish law on 1 January 2020. Additionally, to analyze if strategies applied by Stockholm County are truly addressing identified causes of vaccination hesitancy among parents living in Stockholm, Sweden and in that way increasing vaccination rates this year. Method: This study used a qualitative research strategy. Vaccination hesitancy in Sweden was studied using 20 semi-structured interviews with parents living in Stockholm, while effect of the UNCRC incorporation into Swedish law on vaccination hesitancy was studied using a semi-structured interview with one health professional working in Stockholm County. The gathered data was summarized, categorized and analyzed according to the proposed themes of two theories. The theoretical framework consisted of the Health Belief Model and Social-Ecological Model. Conclusion: It was possible to conclude that the choice of immunization among parents is shaped by; 1) sources and type of the received information on vaccines, vaccination and vaccine-preventable diseases included in the general Swedish child vaccination program, 2) their views on vaccine quality, safety, effectiveness and necessity for satisfying children’s rights to health, life, survival and development, 3) the level of knowledge of epidemiological concepts, mechanisms, infectious diseases and vaccines included in the vaccination program, and 4) the level of trust in the Swedish Government and healthcare, and belief if they are acting in the best interest of children. After the UNCRC incorporation into Swedish law, there have not been observed any changes in the strategic work of Stockholm County against vaccination hesitancy. For the past ten years, they are applying methods at the individual- and interpersonal level, which are not quite reaching vaccine hesitant parents living in Stockholm. Other methods at the community- and public policy level are needed. Due to unclear implications of the UNCRC entrance as a national law and COVID-19 pandemic, it is not possible to estimate if there are any changes in the vaccination rates this year.
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Whiddon, Melody. "Parent Emotional Functioning, Parent Responsiveness, and Child Adjustment." FIU Digital Commons, 2009. http://digitalcommons.fiu.edu/etd/223.
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Over the past two decades, interest in the psychological development of children has steadily increased (Beg, Casey, & Saunders, 2007), presumably because statistics describing childhood psychological illness are alarming. Certain parent interaction styles or behaviors are known to influence child adjustment. According to attachment theory, the reason for these findings is that interaction with a caregiver informs an individual’s construction of an internal working model (IWM) of the self in relation to others in the environment. The purpose of this study was to gain a greater understanding of the factors contributing to child adjustment by examining the influence of parents’ emotional functioning and parent responsiveness to children’s bids for interaction. This dissertation tested a multivariate model of attachment-related processes and outcomes with an ethnically diverse sample. Results partially supported the model, in that parent emotional intelligence predicted some aspects of child adjustment. Overall, the study adds to knowledge about how parent characteristics influence child adjustment and provides support for conceptualizing emotional intelligence as a concrete and observable manifestation of the nonconscious attachment IWM.
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Terao, Sherri Yukiko. "Treatment effectiveness of parent-child interaction therapy with physically abusive parent-child dyads." Scholarly Commons, 1999. https://scholarlycommons.pacific.edu/uop_etds/2443.
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The effectiveness of Parent Child Interaction Therapy with physically abusive parent child dyads was examined. Thirty-four physically abusive parents and their children were randomly assigned to either an experimental condition in which parents participated in the intervention or a control condition in which regular family preservation services were offered. Parents in the treatment group reported a reduction in the number of child behavior problems, lower levels of stress, and lower abuse potential scores when compared with control parents. Clinical implications along with future recommendations for treatment of physically abusive parents and children are discussed.
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Aznar, Ana. "Parent-child emotional talk, parent-child physical touch, and children's understanding of emotions." Thesis, Kingston University, 2012. http://eprints.kingston.ac.uk/26292/.
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The aim of the present research was to analyze parent-child emotion talk and parent-child physical touch and their relation with children's understanding of emotions. A total of sixty¬three children (30 girls and 33 boys), aged 4 (M= 53.35 months, SD = 3.86; range = 48 - 60 months) and ö-years-old (M= 76.62 months, SD = 3.91; range = 72- 84 months) participated with both of their parents. Parent-child interviews took place in the participants' own homes. On a first visit, the mother or the father and the child completed two storytelling tasks. One of these tasks involved a storytelling task and the other involved a four events reminiscence task. Within a minimum of one day and a maximum of seven days, the other parent and the child completed the same two tasks. Parent-child emotion talk and parent-child physical touch was analyzed throughout both tasks. The findings indicated that mothers and fathers did not differ in how they talk about emotions. Indeed, mothers' and fathers' talk correlated with each other and with their children's emotion talk. However, mothers and fathers talked more about emotions with their daughters than with their sons. Parents discussed more often happiness with their daughters than with their sons. No gender or age differences were found in children's emotion talk. The analysis of parent-child touch revealed that where age differences were found, findings indicated that parent-child touch decreased as children grow older. Where parent gender differences were found, results show that mothers were more physically affectionate than are fathers. In addition, children completed twice a standardised test of emotion understanding (Test of Emotion Comprehension, TEC). On the first occasion the TEC was administered before one of the two parent-child storytelling sessions. Six months later it was administered again. Findings indicated that emotion understanding is predicted by prior emotion understanding. Above and beyond prior emotion understanding, fathers' emotion explanations during the events task predicted children's emotion understanding and mothers' use of emotion labels during the storytelling task predicted children's emotion understanding. On the contrary, parents' physical touch was not related to children's emotion understanding. Finally, children completed a test (Test of Behavioural Consequences of Emotions, TBCE) analyzing the relation between emotions and their behavioural consequences. Six-year-old children had a greater understanding that emotions influence situations than did four-year-old children. Moreover, understanding that emotions influence situations was related to mentalistic aspects of emotion understanding. The implications of these findings for future research on children's socializations of emotions are discussed.
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Žalnieriūnas, Linas. "Nusikalstamų veikų vaikui ir šeimai kvalifikavimo teorinės ir praktinės problemos." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2011. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2011~D_20110124_131528-17903.
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Magistro baigiamajame darbe išanalizuotos ir įvertintos pasirinktos nusikalstamos veikos vaikui ir šeimai bei jų kvalifikavimo teorinės ir praktinės problemos. Pirmajame darbo skyriuje analizuojamas vaikas ir šeima, kaip baudžiamojo įstatymo saugomos vertybės. Pateikiama vaiko ir šeimos samprata pasirinktų nusikalstamų veikų atžvilgiu. Antrajame darbo skyriuje analizuojamos dvi XXIII skyriaus veikos, - piktnaudžiavimas tėvų, globėjo ar rūpintojo arba kitų teisėtų vaiko atstovų teisėmis ar pareigomis (BK 163 str.), ir vengimas išlaikyti vaiką (BK 164 str.). Skyriuje nagrinėjami pasirinktų nusikalstamų veikų sudėties požymiai, pateikiami kvalifikavimo probleminiai momentai, teisingos kvalifikacijos siūlymai. Naudojami teismų praktikos pavyzdžiai bei aptariamos problemos, su kuriomis susiduriama kvalifikuojant veikas teismuose.This Master’s Thesis solely analyzes two types of legal criminal acts chosen by the author. The examined criminal acts are as follow: The Abuse of the Rights and Obligations of Parents, Guardian or Any Other Legal Representative of a Child (LR BK 163 str.) and Child Support Evasion (LR BK 164 str.). The Master’s thesis presents the analysis of child and family protection ensured by legal criminal acts. It also provides the concept of the child and family according to the chosen criminal acts. Thus the main Children’s Rights and Fundamental Freedoms as well as violation of them are taken into consideration as the main cause of Article incrimination. The paper analyzes in depth the constituent elements of chosen criminal acts as well as enlists problematic points of qualification and suggests right legal qualification. This thesis is based on examples of case law and the results of the research done by the author.
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Petrakos, Hariclia. "The Parent-Child relationship: Developmental differences in parent-child dyadic interaction during early childhood." Thesis, McGill University, 2000. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=95591.
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The purpose of this study was to examine differences in parent-child interactions when children were 3 and again at 4 years of age, the time period when gender identity is developing. Thirty-three children (17 boys and 16 girls) with their fathers and mothers were observed during these two time periods across two play contexts: a story-enactment pretend play session and a rough-and-tumble play session. The parent-child dyads were observed for frequency of dyadic parent-child physical and verbal exchange to capture overt parent-child exchanges of closeness (i.e., physical touch and verbal engagement). Results revealed that at age 3, mother-son dyads engaged in more dyadic physical and verbal exchange interaction than father-son dyads. By 4 years of age, father-son dyads engaged in more dyadic physical exchange than mother-son dyads. The reverse was observed for girls. At 3 years of age, father-daughter dyads engaged in more dyadic physical exchange than mother-daughter dyads, but by 4 years of age, mother-daughter dyads engaged in more dyadic physical exchange than father-daughter dyads. The findings are consistent with a psychoanalytic model of gender identity development.Le but de cette présente étude est d'examiner les changements encourus par les parents lors de leurs interactions avec leurs enfants de 3 et 4 ans, pendant la période de la découverte de leur identité. Trente-trois enfants (17 garçons et 16 filles) ainsi que leurs pères et mères furent observés pendant deux activités: une était une histoire de jeu de comportement ou de fairesemblant , et l'autre, unjeu de tohu-bohu. Les résultats ont révélés qu'à l'âge de 3 ans, les garçons et leurs mères s'impliquent plus dans des échanges physiques et verbaux que les garçons avec leurs pères. Dès l'âge de 4 ans, les garcons et leurs pères s'engagent plus que les garçons avec leurs mères. À l'âge de 3 ans, les filles avec leurs pères s'impliquent plus au niveau physique que les filles avec leurs mères, et vers 4 ans, les filles et leurs mères s'engagent plus que les filles avec leurs pères. Ces conclusions supportent le modèle psychoanalitique du développement de l'identité de sexe de la personne. fr
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Duffy, Kathleen M. "Filial therapy a comparison of child-parent relationship therapy and parent-child interaction therapy /." Muncie, Ind. : Ball State University, 2008. http://cardinalscholar.bsu.edu/747.
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Sonney, Jennifer Tedder. "Parent-Child Asthma Illness Representations." Diss., The University of Arizona, 2015. http://hdl.handle.net/10150/594958.
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Asthma management in school-aged children, particularly controller medication use, is best conceptualized as parent-child shared management. Controller medication nonadherence is common, and leads to higher disease morbidity such as cough, sleep disruption, poor activity tolerance, and asthma exacerbation. The purpose of this study was to describe asthma illness representations of both school-aged children (6-11 years) with persistent asthma and their parents, and to examine their interdependence. The Common Sense Model of Self-regulation, modified to include Parent-Child Shared Regulation, provided the framework for this descriptive, cross-sectional study. Thirty-four parent-child dyads independently reported on asthma control, controller medication adherence, and asthma illness representations by completing the Childhood Asthma Control Test, Medication Adherence Report Scale for Asthma, Brief Illness Perception Questionnaire, and Beliefs about Medicines Questionnaire. Using intraclass correlations, moderate agreement was evident between the parent and child timeline (perceived duration) illness representation domain (ICC= .41), and there was a weak association between the parent and child symptoms domain (ICC = .13). The remaining controllability and consequences domains showed no agreement. Hierarchical regression analyses were used to test parent and child illness representation domain variables as predictors of parent or child estimates of medication adherence. With parent-reported medication adherence as the dependent variable, regression models used parent illness representation variables followed by the corresponding child variable. Parent beliefs about medication necessity versus concerns was a significant predictor of parent-reported treatment adherence (β = .55, p < .01). Child-reported treatment control was also predictive of parent-reported treatment adherence (β -.50, p < .01). When child-reported medication adherence was the dependent variable, the child illness representation variable was entered first followed by the parent variable. Child beliefs about medication necessity versus concerns was the only significant predictor of child-reported adherence (child β .50, p < .01), none of the parent variables reached significance. Findings from this study indicate that although there are similarities between parent and child asthma illness representations, parental illness representations do not predict children's estimation of controller medication adherence. These findings indicate that school-aged children develop illness representations somewhat independent from their parents and, therefore, are critical participants in both asthma care as well as research.