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Artículos de revistas sobre el tema "Parent and child (Law) – Scotland"

Autor: Grafiati

Publicado: 25 de julio de 2024

Última modificación: 31 de julio de 2024

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1

Gordon, Gerald H. "Judicial Creativity in a Common Law System". Israel Law Review 27, n.º 1-2 (1993): 118–38. http://dx.doi.org/10.1017/s0021223700016885.

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The most remarkable feature of Scots criminal law is that it is still a common law system. It contains, of course, many statutory offences, mostly recent and concerned with the regulation of modern developments such as road traffic or wireless telegraphy. There are also a large number of statutory frauds, dealing with all kinds of things, such as companies, bankruptcies, the regulation of professions, etc., but many of those are unnecessary, in the sense that the behaviour they prohibit can be dealt with as common law fraud, which covers the achievement of any practical result. There are also some modern preventive crimes created by statute, such as carrying offensive weapons in public, but other preventive offences, such as housebreaking with intent to steal, were created by the common law. There are very few of what might be regarded as basic crimes which are statutory. The most striking example is the crime of incest which, until recently, was dealt with under the Incest Act of 1567, passed by the Scottish Parliament in the wake of the Reformation. The Incest Act incorporated the 18th chapter of Leviticus into the law of Scotland, and with some amendments, it remained the law until the passing of the Incest and Related Offences (Scotland) Act 1986. But that was an oddity, and there is some authority that parent-child incest is a common law crime. The basic crimes, such as those concerned with injuring the person or property of others, are essentially matters regulated by the common law, the creations of judges, without any statutory definitions, and all with the same maximum penalty of life imprisonment.

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2

Marshall, Kathleen. "Looking after Scotland's Children in the Twenty-First Century". Adoption & Fostering 18, n.º 3 (octubre de 1994): 7–16. http://dx.doi.org/10.1177/030857599401800303.

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On 12 May Kathleen Marshall presented a commemorative lecture in memory of Alison Newman at the BAAF Scottish Legal Group Seminar entitled, ‘Shaping the future law of the parent, child and family’. She was asked to look at the features of a Children Act which would encompass lessons from the past to enhance the future of Scottish Children. We reprint below the text of her lecture.

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3

Cleland, Alison. "Kenneth McK Norrie, THE LAW RELATING TO PARENT AND CHILD IN SCOTLAND Edinburgh: W Green & Son (www.sweetandmaxwell.co.uk/wgreen/), Scottish Universities Law Institute, 3rd edn, 2013. cvi + 887 pp. ISBN 9780414018105. £155." Edinburgh Law Review 18, n.º 3 (septiembre de 2014): 452–53. http://dx.doi.org/10.3366/elr.2014.0239.

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4

Madigan, Sarah, Kate Paton y Naomi Mackett. "The Springfield Project service: evaluation of a Solihull Approach course for foster carers". Adoption & Fostering 41, n.º 3 (18 de septiembre de 2017): 254–67. http://dx.doi.org/10.1177/0308575917719373.

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Many young people in care have experienced trauma. The emotional and behavioural issues that often ensue, along with foster carers’ varying levels of confidence and skills, are cited as the main reasons for placement disruption. Placement breakdown can represent a further trauma for young people and is also highly costly for local authorities. The need for interventions to develop foster carers’ competence and confidence in understanding and managing foster children’s behaviour is therefore significant. The Solihull Approach (SA) promotes the parent and child relationship by emphasising the need for emotional containment and a reciprocal relationship so as to form a framework for thinking about, understanding and effectively managing behaviour. The ‘Solihull Approach course for foster carers: understanding your foster child’s behaviour’ is a 12-week programme tailored to the demands of this task. It has been run within the Springfield Project in Fife, Scotland for the past four years. In the reported study 83 participants completed evaluation forms. A thematic analysis of their replies revealed that the most important things learned were: taking a step back; understanding the effects of trauma; reciprocity; communication and play; containment (of my child); understanding my child; and the ability to offload when full up. The course helped participants to better understand their foster child by clarifying the nature of the relationship and their role, understanding the impact of the child’s early experiences and appreciating that she or he is not to blame. Participants took from the course: increased understanding; being part of the group; staying calm and thinking before they act; feeling more confident; and looking after themselves and seeking containment. Pre- and post-Child Behaviour Checklist (CBCL) questionnaires were collected from 34 carers with children in the six to 18 age group and 13 looking after children aged one-and-a-half to five years. Paired samples t-tests revealed no statistically significant difference in pre- and post-scores in either the six- to 18-year-olds (t(33) = 1.6, p = 0.114) or the one-and-a-half- to five-year-olds (t(12) = 2, p = 0.069). Possible reasons for this and its implications are explored. However, the identified qualitative themes suggest that the aims of the training are being met. There was a strong overall sense that foster carers found the course helpful and informative, suggesting that it could represent a valuable intervention for promoting placement security.

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5

Monè, Jennifer Gerber y Zeynep Biringen. "Perceived Parent-Child Alienation". Journal of Divorce & Remarriage 45, n.º 3-4 (13 de julio de 2006): 131–56. http://dx.doi.org/10.1300/j087v45n03_07.

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6

Chant, John. "Child care policy and law in Scotland". Child Abuse Review 3, n.º 1 (marzo de 1994): 60–64. http://dx.doi.org/10.1002/car.2380030110.

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7

Gallego, Raquel, Mercedes Novo, Francisca Fariña y Ramón Arce. "Child-to-parent Violence and Parent-to-child Violence: A Meta-analytic Review". European Journal of Psychology Applied to Legal Context 11, n.º 2 (2019): 51–59. http://dx.doi.org/10.5093/ejpalc2019a4.

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8

Scott, Janys. "Child Care Law Review — an Opportunity for Scotland". Adoption & Fostering 13, n.º 2 (julio de 1989): 43–48. http://dx.doi.org/10.1177/030857598901300210.

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9

Mellon, Maggie. "‘Where's Kilbrandon Now?’: reviewing child justice in Scotland". Criminal Justice Matters 54, n.º 1 (diciembre de 2003): 18–19. http://dx.doi.org/10.1080/09627250308553544.

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10

Brown, Jonathan y Sarah Christie. "Pater Knows Best: Withdrawal of Medical Treatment from Infants in Scotland". Oxford Journal of Legal Studies 40, n.º 4 (2020): 682–707. http://dx.doi.org/10.1093/ojls/gqaa019.

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Abstract The cases of Charlie Gard and Alfie Evans placed the withdrawal of treatment from terminally ill infants at the forefront of medical law and ethics. In the medico-legal context, Scottish court procedures materially differ from those in England. This article considers these differences in light of the possibility that a similar case might soon be called before the Scottish courts. The Court of Session would then be required to consider whether to utilise its parens patriae jurisdiction to consent to the withdrawal of treatment as if it were the parent of the infant. The operation of this jurisdiction is such that the outcome of any Scottish case cannot be said to be certain, as the Scottish courts are bound to pay more heed to parental autonomy than their English counterparts do.

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11

Marks, M. N. y R. Kumar. "Infanticide in Scotland". Medicine, Science and the Law 36, n.º 4 (octubre de 1996): 299–305. http://dx.doi.org/10.1177/002580249603600405.

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Details from Scottish Office records of all infants under a year who were the victims of homicide in Scotland during 1978–1993 are presented and compared with results from studies of infant homicide in England and Wales. Although Scottish homicide rates in the total population are much higher than those in England and Wales, the annual Scottish infanticide rate (43/million) is remarkably similar to that of England and Wales (45/million). In addition, characteristics of victims and perpetrators are also similar between the two regions. As with England and Wales, in Scotland the younger the infant the greater the risk of becoming the victim of homicide (83% were killed within 6 months of birth); male babies were more frequently killed than female ones; a parent was the most frequent perpetrator (93% of offences); mothers tended to kill neonates but for infants older than a day more fathers than mothers were recorded as the main accused. Mothers and fathers were convicted of similar offences but fathers were less likely to receive non-custodial sentences. Differences in sentencing appeared to be related to either gender-related differences in attributions as to the motivation for the offence, or to the level of violence used against the victim. Offences of mothers were most frequently recorded as being motivated by mental illness, those by fathers as due to rage. Fathers were more likely to have killed by kicking or hitting, mothers by some form of suffocation.

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12

Kuptsova, Olga V. "The Family Law Status of a Parent: Some Issues of the Theory and Practice". Family and housing law 1 (14 de enero de 2021): 3–6. http://dx.doi.org/10.18572/1999-477x-2021-1-3-6.

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The article considers the legal status of the parent as a special legal status determined by family law of the Russian Federation. Attention is drawn to the heterogeneity of the legal status of the parent and the possibility of distinguishing in it a number of independent, having their own characteristics, sub-statuses: the status of an adult and a minor parent, full and limited status of a parent, the status of a parent living together with a child, and a parent living separately from a child. The concept of parent is characterized, the need to determine it by indicating not only consanguinity, but the totality of legal facts or to establish the origin of the child. Parental rights and obligations are distinguished as elements of the family legal status of the parent, non-property and property rights, basic and derivative rights, non-property and property obligations of parents are analyzed. Given the existing approaches to determining the legal status and its structure, it is proposed to determine the family legal status of the parent. Measures are outlined to optimize the family-legal position of the parent in terms of ensuring the enforceability of the obligation to support the child and establishing the obligation to compensate for moral damage caused to the child and the other parent.

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13

Lee, Susanna. "Revisiting the Parent–Child Analogy: Implications for Law and Judgment". Law, Culture and the Humanities 8, n.º 2 (20 de abril de 2011): 195–206. http://dx.doi.org/10.1177/1743872110389960.

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In order to explore the overlap between individual judgment and legal judgment, I turn to the parent–child analogy (the state is to the subject as the parent is to the child), historically much used to support the validity and basic rightness of the state’s judgment. In this commentary, I examine how the very dynamic and contested nature of the modern parent–child relationship makes the state–subject relationship, its contemporary and correlative, particularly problematic. Specifically, I argue, it destabilizes the idea of judgment and the supposed distinction between state judgment and human subject judgment; and in so doing, it undermines the notion of “the law” as a distinct and independent entity.

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14

Vincent, Sharon, Brigid Daniel y Sharon Jackson. "Where now for ‘child protection’ in Scotland?" Child Abuse Review 19, n.º 6 (20 de septiembre de 2010): 438–56. http://dx.doi.org/10.1002/car.1140.

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15

Stanić, Gordana Kovaček. "Serbian Family Law: Rights of the Child". International Journal of Children's Rights 17, n.º 4 (2009): 585–609. http://dx.doi.org/10.1163/092755609x12513562300829.

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AbstractThis paper deals with the rights of the child primarily in Serbian family law. According to Serbian Family Act 2005 the child at a certain age acquires some specific rights. For instance, at the age of fifteen if the child is able to reason he has these rights: to change a personal name, to get the information on his/her origins, to decide with which parent he/she will live, on maintaining personal contact with the parent he/she does not live with, the right to give consent to medical procedures, to decide which secondary school he/she will attend. The child has the right to freely express his or her opinion if the child is capable of forming an opinion. When reaches ten years of age the child has the right to freely and directly express his/her opinion. The Family Act of Serbia 2005 has introduced a special court proceeding in disputes for the protection of the child's rights.

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16

이재열. "An Overview of Vietnamese Law on Parent - child relationship". Ajou Law Review 10, n.º 2 (agosto de 2016): 41–66. http://dx.doi.org/10.21589/ajlaw.2016.10.2.41.

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17

Svensson, Robert. "Shame as a Consequence of the Parent-Child Relationship". European Journal of Criminology 1, n.º 4 (octubre de 2004): 477–504. http://dx.doi.org/10.1177/1477370804045692.

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18

Ring, Rosemarie T. "Personal Jurisdiction and Child Support: Establishing the Parent-Child Relationship as Minimum Contacts". California Law Review 89, n.º 4 (julio de 2001): 1125. http://dx.doi.org/10.2307/3481292.

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19

Wasim, Jahangir y Fernando Almeida. "Bringing a Horse to Water: The Shaping of a Child Successor in Family Business Succession". European Journal of Family Business 12, n.º 2 (2 de diciembre de 2022): 156–72. http://dx.doi.org/10.24310/ejfbejfb.v12i2.14631.

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This study critically investigates and evaluates the childhood and adolescent year strategies, and efforts that parent-owners of family businesses incorporate to encourage and prepare children for a successful future succession. The sample consisted of six family businesses in the North East of Scotland: two successfully introduced a second-generation, two a third generation and one a fourth generation, with one still in the founder stage. The findings reveal that the succession planning process was an instantaneous event into generational bridging, where no formal planning process was commenced. Parent-owners influenced and facilitated knowledge transfer and education, leaving control to the child successors with career options. The research has also shown the difficulties in how the child successors of the future may find succession challenging and demanding with contextually complex issues.

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20

Källström, Åsa, Karin Hellfeldt y Per-Åke Nylander. "Parental imprisonment, child victimization and adult problems". European Journal of Criminology 16, n.º 6 (28 de mayo de 2018): 671–88. http://dx.doi.org/10.1177/1477370818775286.

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This study addresses, in a Swedish sample, whether exposure to violence and/or crime during childhood, and mental health and/or behaviour problems as an adult, are overrepresented among young men and women who had a parent in prison at some time when they were a child. Results show that almost all the studied types of childhood victimization and adult problems were overrepresented, but verbal victimization, neglect, witnessing violence, Attention Deficit Hyperactivity Disorder (ADHD) and depression were significantly overrepresented. Although the associations between having a parent in prison and childhood victimization as well as having mental health and behaviour problems are weak, these results indicate that it is important for practitioners who meet such children to be aware that they are more likely than other children not only to suffer from mental health and/or behaviour problems but also to have experienced violence and/or neglect.

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21

Lee, Jong Hyeok. "A Legislative Study on Applicable Law for the Establishment and Effects of Biological Parent-Child Relationship". Korean Society Of Family Law 36, n.º 3 (30 de noviembre de 2022): 101–48. http://dx.doi.org/10.31998/ksfl.2022.36.3.101.

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This article aims to provide how to revise the choice-of-law rules in the Korean private international law act (hereinafter “KPILA”) for determining the law governing the establishment and effects of (biological) parent-child relationship. The main suggestions for the amendments proposed by the author are as follows: Considering that the substantive laws of most countries regarding parent-child relationships during marriage and outside marriage differ only in the requirements for the establishment thereof and have the almost same effects therein, there is no need to distinguish the law governing the establishment of parent-child relationship during marriage (connecting factors: the father or the mother’s law of nationality at the time of the child’s birth) and the same outside marriage (connecting factors: (i) for mother-child relationship, the law of the mother’s nationality at the time of the child’s birth; (ii) for father-child relationship, the law of the mother’s or the father’s nationality at the time of the child’s birth or the law of the child’s habitual residence at present; and (iii) for recognition, the law of the recognizer’s nationality at the time of recognition, in addition to the above mentioned (i) or (ii)). If so, it is necessary to provide alternative connection by combining all the connecting factors for determining the law governing the establishment of parent-child relationship during marriage and outside marriage, and add the law of the child’s habitual residence at the time of the child’s birth, which was excluded in the KPILA of 2001. It is desirable to alternatively connect the rebuttal of parent-child relationship to the same connecting factors as the presumption of parent-child relationship. Even if the law governing the establishment of parent-child relationship is uniformly stipulated, it is necessary to distinguish the recognition and provide the law of the child’s nationality at the time of recognition as an additional connecting factor. The KPILA stipulates that if the father dies before the birth of a child, the law of the father’s nationality at the time of the father’s death shall be regarded as his law of nationality in relation to the establishment of paternity during marriage. It is desirable to stipulate more broadly that in case of dissolution (including death of father) or annulment of marriage, the law of the father’s nationality at the time of dissolution or annulment of marriage shall be regarded as his law of nationality. Meanwhile, the effects of parent-child relationship are governed by the law of the child’s habitual residence in principle, but by the law of the child’s nationality exceptionally, if the father, the mother and the child have the same law of nationality. In light of the policy towards Koreans habitually residing in foreign countries and foreigners habitually residing in Korea, the exception needs to be amended so that parents and children living apart in different countries can only confirm their filiational ties. In addition, it is necessary to establish a general rule that a person’s name, as a matter of personal rights, is governed by the law of the person’s nationality so that the child’s last name is also governed by the law of the child’s nationality. In order to accept the attitude of the Hague Child Protection Convention, the law governing the effects of parent-child relationship shall not be subject to the remission (renvoi ). It is also desirable to clearly state that the so-called transaction protection provision in Article 29(1) of the KPILA can be invoked for the transactions performed by ex lege representative according to its authority, by way of specifying that it is excluded from the “acts under the kinship law” under Article 29(2) of the KPILA.

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Hazen, Katherine P., Matthew W. Carlson, Meredith L. Cartwright, Claire Patnode, Jennie Cole‐Mossman, Samantha Byrns, Kelli Hauptman y Joy Osofsky. "The Impact of Child‐Parent Psychotherapy on Child Dependency Court Outcomes". Juvenile and Family Court Journal 72, n.º 1 (marzo de 2021): 21–46. http://dx.doi.org/10.1111/jfcj.12191.

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23

Maré, C. "Gesinspolitiek en die ouer-kind verhouding". Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 1, n.º 1 (10 de julio de 2017): 223. http://dx.doi.org/10.17159/1727-3781/1998/v1i1a2903.

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The family-unit did, in one form or another occur since the beginning of man’s existence. The aim of the unit was to sire children and to provide for them until they reached maturity. To realise this provisional aim, a decision making process was required. The child and her parents’ individual interests can generate conflict where decisions have to be made regarding various questions, for example: which church the child should attend and or whether she should attend any church; which school a child should be enrolled in; with whom the child may associate and with whom not; if the child may use contraceptives, and whether an adolescent female may of her free will request or reject an abortion. Henceforth it must be kept in mind that the decision making process, i.e. family politics, is unique for each parent-child relationship. Various social, economic and cultural factors can influence the handling of conflict in the decision making process. Furthermore, fundamental rights can influence the decision making process differently in respectively the common law parent-child relationship and the customary law parent-child relationship. Central to the latter situation is the fact that fundamental rights recognise individual rights, while customary law is founded in communalism. It is furthermore important to note that the nature of the parent-child relationship is not neutral, but is determined by historical and social elements within the community. There are various statutory provisions in terms of which courts can intervene in the exercise of parental authority and can even terminate it, over and above the fact that the courts possess a common law competence as upper guardian. However, no law expressly grants the court the power to intervene in the parent-child relationship where conflict arises within the decision making process. The courts only have the authority to intervene in the parent-child relationship in the event of physical maltreatment or molestation of a child, in divorce proceedings, and where consent must be granted for a minor’s marriage. Even the family advocate is employed as mediator only in divorce matters. The court as common law upper guardian of minors, will only intervene in the parent-child relationship if it is of the opinion that such a step is in the interests of the child and it will therefor not be done lightly. The current constitutional provisions regarding children in a multi-cultural society has brought about changes in the parent-child relationship. Reading together sections 9 and 28 of the 1996-constitution puts it beyond doubt that any child under the age of 18 years is a person possessing fundamental rights. The state is drawn in as a third party in the parent-child relationship and must ensure that the interests of the child, that is fundamental rights, are guaranteed. Section 28 of the 1996-constitution goes further than section 30 of the 1993-constitution and provides a description for the meaning of parental care. The reference to family care, parental care and appropriate alternative care in the 1996-constitution can be indicative of the fact that the changed relationships wherein children find themselves within the community (other than the nuclear family) are recognised. The constitutional provisions also causes a change of emphasis in the parent-child relationship. The emphasis changes from the parent’s rights and responsibilities to the rights that a child may claim. The child can enforce her rights against the state and her parents. The yardstick which determines whether the child is entitled to its constitutional rights, is in whether such a claim would be in the best interests of the child. If the child approaches the High Court as the common law upper guardian to enforce her rights, or to strike a balance in the decision making process, the state must supply the child with the necessary legal representation. Due to the relevant constitutional provisions, the parent-child relationship can no longer be considered to be regulated merely by rules of authority, but the emphasis has shifted to the promotion of the child’s interests. The best interest of the child must thus be the guiding principle in all legal proceedings. It implies further that the South African family law approach to balancing the decision making process within the parent-child relationship has also changed

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Shubin, Sergei. "The Emotional (Un)making of the Family in Cross-European Parent–Child Relations". Emotions: History, Culture, Society 6, n.º 2 (2 de diciembre de 2022): 257–75. http://dx.doi.org/10.1163/2208522x-02010167.

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Abstract This essay examines the emotions that make and unmake transnational families, drawing on interviews with migrant parents living in Scotland and separated from their children abroad. First, it explores the meaning of distance and its role in stimulating emotional connections and disconnections between family members. It emphasises the significance of separation for emotional well-being and the necessity of absences in stimulating different intensities of transnational emotional labour. Second, the essay broadens the conceptualisation of the ‘emotional’ to include emotional work and emotional worklessness. It highlights emotions of ‘longing’ and ‘hope’ that unwork the structures of intentionality and reveal passivity at the heart of familial relations. Emotional lives of transnational families are permeated by the imaginaries of co-presence and potential future. Exploring the simultaneous production and fragmentation of emotional connections, the essay suggests the reworking of the contestable family idea(l)s and attending to intimate practices beyond utility and familial normativities.

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Mauraina, Glad, Angel Pratiwi y Dian Purnama. "CHILD ADOPTION BY UNMARRIED PERSON IN THE INDONESIAN CIVIL LAW SYSTEM". Cepalo 5, n.º 2 (31 de diciembre de 2021): 141–56. http://dx.doi.org/10.25041/cepalo.v5no2.2390.

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Adoption is carried out by a legally married couple and could also be done by someone who does not want to build a household but still wants to have children as successors and who would take care of them in the future as a single parent. Article 10 paragraph (3) of the Regulation of the Minister of Social Affairs of the Republic of Indonesia Number 110/HUK/2009 concerning Child Adoption Requirements states that child adoption through a childcare institution could be carried out firstly by a prospective foster parent. Prospective Foster Parents have been legally married for a minimum of five years, as stated in Article 20 letter e of the Regulation of the Minister of Social Affairs of the Republic of Indonesia Number 110/HUK/2009. In this research journal, we would discuss the issue of Child Adoption by Non-Marriage Person. This study focuses on normative legal research that examines the content of legislation. This legal research was conducted with two approaches consisting of a statutory approach and a conceptual approach. Researchers would find ideas that provide legal understanding, legal concepts, and legal principles. This research concludes that adoption could be carried out by married couples and non-married person/single parent. It is referred to Government Regulation Number 54 of 2007 concerning Adoption of Children. This regulation is reinforced by the issuance of Circular Letter of the Supreme Court (SEMA) Number 6 of 1983 explaining that it is possible for Indonesian citizens who are unmarried, have been married, or a single parent, to adopt a child.

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Bridgeman, Jo. "After Bristol: the healthcare of young children and the law". Legal Studies 23, n.º 2 (junio de 2003): 229–50. http://dx.doi.org/10.1111/j.1748-121x.2003.tb00213.x.

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This paper considers the written statements provided to the Bristol Inquiry by parents whose children underwent cardiac surgery at the Bristol Royal Infirmary between 1984 and 1995, seeking to learn from their experiences, opinions, feelings and expectations. The law regulating the relationship between healthcare professional, parent and child is considered in light of these accounts. The limitations of the existing law are such that a new legal framework is required which fosters the relationship between healthcare professional, parent and child, supporting them in the shared endeavour of caring for the child. Of central importance within this new framework would be recognition of each child as a distinct individual and of the expertise which parents can contribute to the care of their child.

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McLeod, David A., Angela B. Pharris, Susan Marcus-Mendoza, Rachael A. M. Winkles, Rachel Chapman y Cheri Fuller. "Reducing Trauma from Behind Bars: Enhancing Parent-Child Attachment Through a Digitally Distributed Reading Program". Prison Journal 101, n.º 5 (noviembre de 2021): 575–90. http://dx.doi.org/10.1177/00328855211048181.

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Incarceration impacts families by disrupting routine attachment, creating negative consequences for both the parent and child. This article examines the use of an intervention videoing incarcerated parents reading to their children and then delivering those videos to improve child outcomes. Using a mixed-methods approach, a total of 587 surveys were completed by program participants and analyzed for parental perceptions of the program effectiveness. The intervention appeared to increase the frequency of correspondence between the parent and child, improved the sense of parent-child relationship, and increased a sense of involvement, attachment, and connectedness.

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Bowman, Allen J. "The relevance to Scotland". Child Abuse Review 1, n.º 2 (agosto de 1992): 123–25. http://dx.doi.org/10.1002/car.2380010209.

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Zajączkowska, Joanna. "Legal aspects of parent – child contact problems in Poland". Prawo w Działaniu 32 (2017): 98–112. http://dx.doi.org/10.32041/pwd.3207.

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The article presents an analysis of provisions concerning contacts with children, which are relatively new regulation in Polish family law. The first part of article describes the most important legal aspects. The theoretical considerations are an attempt to determine the legal nature of contacts, showing that they are primarily of a family law nature, despite the right and obligation introduced by the legislator. This construction, despite the fact that it may seem as approaching the contractual nature, is essentially a family-legal relationship; the sanction and the claim related to the right of contact are also of this nature. Moreover, the parent-child contact has a natural legal character, resulting from the parental and personal relationship. In addition, the most important postulates indicate the introduction to the Polish family law the missing suspension of contacts, which have a neutral character. The third part of the article presents the most important problems related to exercising the right to contact and proposals to overcome them on the basis of existing provisions, which makes the considerations also practical for maintaining contact with the child.

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Kinsey, Caroline L. "The Role of the Psychological Parent in the Dissolution of the Homosexual Relationship". International Journal of Discrimination and the Law 10, n.º 3 (septiembre de 2009): 133–48. http://dx.doi.org/10.1177/135822910901000303.

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This note analyzes the definition of the “psychological parent” in its application to the dissolved homosexual relationship. In urging state courts to render custodial decisions not solely on the basis of the parent's biological ties to the child, but also on the presence of a psychological relationship between the non-biological parent and the child in question, this note reviews conflicting state court decisions that discussed the doctrine of the “psychological parent” and determined whether a non-biological parent was fit to receive custody of his or her child once dissolution of the couple's relationship had occurred. United States state courts frequently rely upon the “best interests of the childl” standard when making custodial decisions. It is this author's position that the application of the “psychological parent” doctrine is what is in the “best interest of the child” when awarding custody to non-legal parents, and as such should be at the forefront of state court decisions before a determination of child custody is made.

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31

Wild, L. G. "Exploring Parent and Child Perceptions of Interparental Conflict". International Journal of Law, Policy and the Family 17, n.º 3 (1 de octubre de 2003): 366–84. http://dx.doi.org/10.1093/lawfam/17.3.366.

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32

Tasker, Fiona. "Parent-Child Relationships Postdivorce and Adolescents' Involvement in Heterosexual Relationships". Journal of Divorce & Remarriage 25, n.º 3-4 (10 de julio de 1996): 137–50. http://dx.doi.org/10.1300/j087v25n03_08.

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33

Suleman, Mona J. y Steven A. Meyers. "Associations Between Custody Arrangements and Parent-Child Involvement Following Divorce". Journal of Divorce & Remarriage 32, n.º 1-2 (septiembre de 1999): 31–46. http://dx.doi.org/10.1300/j087v32n01_03.

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34

Burns, Ailsa y Rosemary Dunlop. "Parent and Child Similarities in Divorcing and Non-Divorcing Families". Journal of Divorce & Remarriage 39, n.º 1-2 (marzo de 2003): 45–63. http://dx.doi.org/10.1300/j087v39n01_04.

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35

Barclay, Katie. "LOVE, CARE AND THE ILLEGITIMATE CHILD IN EIGHTEENTH-CENTURY SCOTLAND". Transactions of the Royal Historical Society 29 (1 de noviembre de 2019): 105–25. http://dx.doi.org/10.1017/s0080440119000057.

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ABSTRACTThis article uses a combination of court and Kirk (Church of Scotland) session records, and several sets of letters written by the mothers of illegitimate children to explore how such children were loved and cared for in eighteenth-century Scotland. It argues that legitimacy, as well as class and gender, mattered in the love and care that children received. Illegitimacy also had an impact on who mothered, fracturing the bond between the biological mother and child, for a mothering given by other mothers, including wet-nurses, grandparents and, later, employers. Its conclusion is that how a child was mothered, the love and care they received, were products of a child's positioning – gender, class, legitimacy, parentage – in the world. Love was a social product, framed and shaped by and through the social, economic and legal networks in which the child was positioned. Whilst the legitimate child, both in law and social practice, might have expected its care to be framed primarily through the nuclear family, the bastard child belonged, as the law suggested, to the community, requiring its mothering to be dispersed.

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36

Stanivuković, Maja y Sanja Djajić. "The Right of the Parent to Return to its Country of Origin in the Light of the Hague Convention on the Civil Aspects of International Child Abduction and the European Convention on the Protection of Human Rights". Anali Pravnog fakulteta u Beogradu, Volume 70, Issue 1 (30 de marzo de 2022): 123–58. http://dx.doi.org/10.51204/anali_pfbu_22105a.

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This article examines the right of return to the country of origin of a parent who has been granted the rights of custody over a child in the country in which that parent and the child temporarily reside. A legal obstacle to realization of the right of return of the parent to its country of origin exists in the Hague Convention on the Civil Aspects of International Child Abduction which is often applied mechanically and works to prevent the parent from relocating with the child. Case law of the European Court of Human Rights and the Constitutional Court of Serbia provides guidelines for interpretation of the Hague Abduction Convention in quite frequent situations when a parent who is a primary caregiver acts as an abductor. The standard of the best interest of the child can overcome the tension between the right of parent to return and the Hague Abduction Convention.

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37

Tan, Tony Xing. "Child Adjustment of Single-Parent Adoption from China". Adoption Quarterly 8, n.º 1 (1 de julio de 2004): 1–20. http://dx.doi.org/10.1300/j145v08n01_01.

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38

Rodriguez, Christina M. "Parent–Child Aggression: Association With Child Abuse Potential and Parenting Styles". Violence and Victims 25, n.º 6 (diciembre de 2010): 728–41. http://dx.doi.org/10.1891/0886-6708.25.6.728.

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The present investigation predicted that greater use of corporal punishment as well as physical maltreatment would be associated with child abuse potential and selected parenting styles. Three independent studies were examined, two with community samples and a third with a clinical at-risk sample of parents. Parents across all studies anonymously completed the Child Abuse Potential Inventory, the Parent–Child Conflict Tactics Scale to assess physical discipline and maltreatment, as well as the Parenting Scale to measure dysfunctional parenting styles. Findings support that overall parent–child aggression, as well as physical maltreatment behaviors specifically, were associated with child abuse potential. Parent–child aggression was also related to dysfunctional parenting styles, particularly an overreactive, authoritarian parenting style. Permissive parenting was also identified as potentially associated with physical maltreatment, although the findings regarding such lax parenting styles are less clear. Intriguing findings emerged regarding the connection of psychological aggression to both child abuse potential and dysfunctional parenting style. Child abuse potential was also associated with dysfunctional parenting style, particularly harsh, overreactive approaches. Recommendations for future study with at-risk samples and additional research on permissive parenting and psychological aggression are discussed.

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39

Lisk, Ida E. "The Adoption Act of Sierra Leone". Journal of African Law 36, n.º 1 (1992): 28–42. http://dx.doi.org/10.1017/s0021855300009712.

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The long-awaited Adoption Act was passed in 1989. The object of the Act as indicated in the objects and reasons of the Bill is to make provision for the adoption of juveniles by persons who are fit and willing to do so. Informal adoptions existed in Sierra Leone in a variety of situations but for the past decade there has been a growing realization that these arrangements needed a legal stamp in order to provide proper security for the child and for the adopters who often feared that the natural parent might claim possession of the child after a number of years of care by the adopters. The absence of any provision for legal adoption was a cause for concern for couples who wished to provide a permanent home for children who were not their natural children.In the past lawyers have attempted to fill this vacuum by ensuring that the natural parent or parents executed a contract with supporting affidavits, where requisite, disclaiming all rights and liabilities towards the child. Such contracts were not strictly legal and lawyers therefore attempted to include a clause (which did not have legal validity) whereby the natural parent could resume his or her rights over the child only if he or she compensated the adopters for all expenses incurred during the child's upbringing. The size of the expenditure involved was often enough to discourage the natural parent's efforts to gain custody over the child.

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40

Ibabe, Izaskun, Joana Jaureguizar y Peter M. Bentler. "Risk Factors for Child-to-Parent Violence". Journal of Family Violence 28, n.º 5 (25 de mayo de 2013): 523–34. http://dx.doi.org/10.1007/s10896-013-9512-2.

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41

Reid-Cunningham, Allison Ruby. "Parent—Child Relationship and Mother's Sexual Assault History". Violence Against Women 15, n.º 8 (9 de junio de 2009): 920–32. http://dx.doi.org/10.1177/1077801209335492.

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42

Warshak, Richard A. "Reclaiming Parent–Child Relationships: Outcomes of Family Bridges with Alienated Children". Journal of Divorce & Remarriage 60, n.º 8 (11 de octubre de 2018): 645–67. http://dx.doi.org/10.1080/10502556.2018.1529505.

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43

Wood-Bodley, Michael. "Notes: Who is a ‘parent’ for the purposes of the Intestate Succession Act? Wilsnach NO v TM". South African Law Journal 139, n.º 4 (2022): 768–90. http://dx.doi.org/10.47348/salj/v139/i4a3.

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In Wilsnach NO v TM 2021 (3) SA 568 (GP) the court radically reinterpreted the meaning of the term ‘parent’ for the purposes of intestate succession, thereby excluding an unmarried father from inheriting from his deceased child as a ‘parent’, and permitting the child’s grandmother to inherit as if she were the child’s ‘parent’. The court achieved this outcome by finding that the provisions of the Children’s Act 38 of 2005 must inform our understanding of who a ‘parent’ is for the purposes of the Intestate Succession Act 81 of 1987. The note critically evaluates this judgment in the light of the historical development of the rules of intestate succession and the history of the legislation, identifies problematic issues arising from the judgment, and suggests an alternative way in which the father’s perceived unsuitability as an heir may have been achieved.

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44

Radovanovic, Helen, Mary Motz, Eric Hood y Frances Tam. "Child and Family Characteristics of Children's Post-separation Visitation Refusal". Journal of Psychiatry & Law 25, n.º 1 (marzo de 1997): 33–49. http://dx.doi.org/10.1177/009318539702500104.

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Approximately 20% of parents who separate are unable to settle custody and/or visitation issues and seek the intervention of court-related professionals. A large proportion of children involved in these disputes are reluctant to visit or refuse to visit with one parent. This study explored the child (age, gender, birth order) and family characteristics (history of interparental conflict and violence, nature of parental concerns, parental attitude toward visitation) related to post-separation visitation reluctance and refusal among 59 children in custody/visitation disputes. The findings highlight the interaction of child and family factors in shaping children's attitudes toward visitation. Consistent with other studies, older children more often had negative attitudes about visitation. A history of interparental violence also characterized the families of children who held negative views about the visiting parent. Although custodial parents were less supportive of visitation, they were no more likely to undermine visits or denigrate the other parent when children expressed negative sentiments about visitation.

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45

Bolton, F. G. y Ann MacEachron. "Assessing child maltreatment risk in the recently divorced parent-child relationship". Journal of Family Violence 1, n.º 3 (septiembre de 1986): 259–75. http://dx.doi.org/10.1007/bf00978564.

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46

Liu, Xiao. "Protection of Children’s Rights and Interests in Transnational Surrogacy -- From the Perspective of Parent-Child Relationship". International Research in Economics and Finance 6, n.º 2 (28 de mayo de 2022): 30. http://dx.doi.org/10.20849/iref.v6i2.1192.

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The development of artificial reproductive technology and the legal difference of surrogacy lead to a large number of transnational surrogacy children and many disputes about the legal parent status of transnational surrogacy children. The main reasons for the difficulty in identifying the parental relationship of the present transnational surrogacy children are the different identification of the surrogacy agreement and the parent-child relationship in different countries, the emergence of the "lame parental right" caused by the application of the principle of public order, and the reflect to recognize the transnational surrogacy parent-child relationship on the grounds of legal evasion.Based on the analysis of the reasons for the difficulty in identifying the parent-child relationship and the experience of determining the surrogate parent-child relationship in various countries, the exploration of the path to determine the parent-child relationship of the transnational surrogacy children mainly includes establishing the parent-child relationship according to the surrogacy agreement, establishing the adoption relationship to establish the parent-child relationship, and redefining the parent-child relationship according to the conflict norms of the country where the intended parents are located.At present, there is no basic law to regulate surrogacy in China. In practice, the legal parents of surrogacy children are established in the way of confirming the parentage of factual support. On the premise of balancing the best interests of children and social public order, we should protect the right of identity of transnational surrogacy children by perfecting laws and regulations, and maximize the function of technology to benefit mankind.

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47

Wijaya, I. Gede Eka Julia Artanida. "Kedudukan Anak Adopsi dalam Pewarisan Berdasarkan atas Hukum Adat Bali". Jurnal Preferensi Hukum 1, n.º 2 (15 de septiembre de 2020): 42–46. http://dx.doi.org/10.22225/jph.1.2.2373.42-46.

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The law of inheritance is a law that regulates what should happen to the deceased person's property, in other words, it regulates the transfer of property left by the deceased to the heir. In principle, only rights and obligations in the field of property law can be inherited, and it does not include rights and obligations in the field of law that cannot be inherited, such as work agreements, employment relationships, individual membership, and authorizations. This research was conducted with the aim of describing the rights and obligations of an adopted child in inheriting property by the adopted parent and the position of the adopted child in inheriting property by the adopted parent. This research was conducted using empirical legal research methods. The results of this study indicated that adopted children in Bali are entitled to receive an inheritance from their adopted parents as well as their biological parents. This is known as ma’bubun dua ma’saruran patomali. Its meaning has two kiblat oase, that is to be able to be given an inheritance from adoptive parents as well as biological parents. On the other hand, the adopted child is obliged to maintain and establish family relationships as harmonious as possible, and carry out or replace the role or obligation of the adopted father/mother to the duties of the area where he lives (local community). In addition, the position of the adopted child in the inheritance of the property by the adopted parent is equal to or completely the same when compared to the biological child. Therefore, the adopted child is also entitled to inherit the inheritance of the adopted parent.

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48

Goworko-Składanek, Beata y Tomasz Prymak. "Parent-Child Contacts in the Presence of Legal Court-Appointed Guardian. Practice in View of the Need for Legislative Change". Białostockie Studia Prawnicze 27, n.º 3 (1 de septiembre de 2022): 91–106. http://dx.doi.org/10.15290/bsp.2022.27.03.05.

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Abstract Contact with the child has for years been the subject of deliberations and discussions of entities interested in the welfare of the child, often caught up in the conflict between the parents. They concern, among others, the role of professional guardians/probation officers, whose presence during parent-child contact, according to the law, constitutes one of the forms of court restrictions on this form of maintenance of the parent-child relationship. The aim of the text is an attempt to identify the technical problems associated with the implementation of the court decisions in this matter, and thus to indicate the gross disproportion between the current shape of the regulations on the participation of a guardian in parent-child contact and the needs of practice. Thus, the aim of the study is to engage the community of guardians in the ongoing work on legislative changes and the potential effects of the proposed legislation, including substantive and implementing provisions of family law aimed at the guaranteed right to contact with the child.

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49

Zhu, Lingling. "Study on the Legal Application of the Determination of Parent-Child Relationship in China's Surrogacy Involving Foreigners". Journal of Education and Educational Research 6, n.º 1 (21 de noviembre de 2023): 117–23. http://dx.doi.org/10.54097/jeer.v6i1.14173.

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The determination of parentage of foreign surrogacy directly involves the protection of the rights and interests of the surrogate child, the commissioning parents and the surrogate mother, and is also a prerequisite for the determination of guardianship and custody of the surrogate child. At present, China is faced with the dilemma that the criteria for determining "foreign surrogacy" are not in line with international trends, and that the current Law on the Application of Laws lacks clear and appropriate conflict rules for the determination of "foreign surrogacy parent-child relationship". Therefore, it is necessary for China to reconstruct the rules of law applicable to the determination of parent-child relationships involving foreign surrogacy in the light of the best interests of the child.

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50

Schroeder, Ryan D., Peggy C. Giordano y Stephen A. Cernkovich. "Adult child-parent bonds and life course criminality". Journal of Criminal Justice 38, n.º 4 (julio de 2010): 562–71. http://dx.doi.org/10.1016/j.jcrimjus.2010.04.027.

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