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1
Kinsey, Caroline L. "The Role of the Psychological Parent in the Dissolution of the Homosexual Relationship." International Journal of Discrimination and the Law 10, no. 3 (September 2009): 133–48. http://dx.doi.org/10.1177/135822910901000303.
Повний текст джерелаАнотація:
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.
2
Bridgeman, Jo. "After Bristol: the healthcare of young children and the law." Legal Studies 23, no. 2 (June 2003): 229–50. http://dx.doi.org/10.1111/j.1748-121x.2003.tb00213.x.
Повний текст джерелаАнотація:
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.
3
Monè, Jennifer Gerber, and Zeynep Biringen. "Perceived Parent-Child Alienation." Journal of Divorce & Remarriage 45, no. 3-4 (July 13, 2006): 131–56. http://dx.doi.org/10.1300/j087v45n03_07.
Повний текст джерела
4
Kuptsova, Olga V. "The Family Law Status of a Parent: Some Issues of the Theory and Practice." Family and housing law 1 (January 14, 2021): 3–6. http://dx.doi.org/10.18572/1999-477x-2021-1-3-6.
Повний текст джерелаАнотація:
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.
5
Wijaya, I. Gede Eka Julia Artanida. "Kedudukan Anak Adopsi dalam Pewarisan Berdasarkan atas Hukum Adat Bali." Jurnal Preferensi Hukum 1, no. 2 (September 15, 2020): 42–46. http://dx.doi.org/10.22225/jph.1.2.2373.42-46.
Повний текст джерелаАнотація:
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.
6
Gallego, Raquel, Mercedes Novo, Francisca Fariña, and Ramón Arce. "Child-to-parent Violence and Parent-to-child Violence: A Meta-analytic Review." European Journal of Psychology Applied to Legal Context 11, no. 2 (2019): 51–59. http://dx.doi.org/10.5093/ejpalc2019a4.
Повний текст джерела
7
Guo, Qingke, Yujie Li, and Shushuang Yu. "In-Law and Mate Preferences in Chinese Society and the Role of Traditional Cultural Values." Evolutionary Psychology 15, no. 3 (September 1, 2017): 147470491773051. http://dx.doi.org/10.1177/1474704917730518.
Повний текст джерелаАнотація:
Using 347 parent–child dyads as participants, this study directly examined in-law and mate preferences in a typical collectivist culture. The results showed (1) traits indicating social status and parental investment were more highly valued by the parents, while traits indicating genetic quality and traits related to romantic love were more highly valued by the children. (2) Parental preferences were moderated by gender of the in-laws. Good earning capacity was more preferred by parents in a son-in-law, traits connoting genetic quality and reproductive fitness were more preferred by parents in a daughter-in-law. (3) There was more convergence in in-law and mate preferences in Chinese culture than in Western cultures. (4) Traditional cultural values (i.e., filial piety) can be used as a predictor of traditional mate preferences and less parent–child divergences. Additionally, greater preference for kind and understanding by parents than by children as well as by daughters than by sons, and greater preference for social status by the daughters’ than by the sons’ parents have not been observed in the rating and the ranking instrument. These findings illustrated how culture handles the parent–child disagreement over mating by authorizing greater parental influence on children’s mating decisions.
8
Maré, C. "Gesinspolitiek en die ouer-kind verhouding." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 1, no. 1 (July 10, 2017): 223. http://dx.doi.org/10.17159/1727-3781/1998/v1i1a2903.
Повний текст джерелаАнотація:
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
9
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, no. 3 (November 30, 2022): 101–48. http://dx.doi.org/10.31998/ksfl.2022.36.3.101.
Повний текст джерелаАнотація:
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.
10
McLeod, David A., Angela B. Pharris, Susan Marcus-Mendoza, Rachael A. M. Winkles, Rachel Chapman, and Cheri Fuller. "Reducing Trauma from Behind Bars: Enhancing Parent-Child Attachment Through a Digitally Distributed Reading Program." Prison Journal 101, no. 5 (November 2021): 575–90. http://dx.doi.org/10.1177/00328855211048181.
Повний текст джерелаАнотація:
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.
11
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, no. 1 (November 21, 2023): 117–23. http://dx.doi.org/10.54097/jeer.v6i1.14173.
Повний текст джерелаАнотація:
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.
12
Indriyani, Riska Andista, and Anjar Sri Ciptorukmi Nugraheni. "KONTRADIKSI ANTARA KEWAJIBAN ANAK KEPADA ORANGTUA DENGAN ANAK MENGGUGAT ORANGTUA." Jurnal Privat Law 7, no. 2 (July 1, 2019): 283. http://dx.doi.org/10.20961/privat.v7i2.39337.
Повний текст джерелаАнотація:
<p>Abstract</p><p>This article explains the problem, firstly about the causal factors cause of the child sues the parent. Secondly, regarding law enforcement efforts against Article 46 of Law Number 1 Year 1974 on Mariage to prevent children from suing parents. This research is normative legal research is descriptive. The type of data used is secondary data, data collection techniques used is literature study, further technical analysis used is the nature of descriptive data analysis. The results of the research indicate that the factors causing the child to sue the parent is the existence of problems in the family and the provisions of the Article related to the obligation of the child to the parents has not provided assertiveness that the child who sues the parent is a violation of these provisions. The law enforcement effort against Article 46 of Law Number 1 Year 1974 regarding Marriage to prevent children from suing parents is done by settling family problems through deliberation or through mediation and formulation of continued legal policy as the elaboration of such provisions.</p><p>Keywords: Sues Paren; Child Obligation; Law Enforcement.</p><p> </p><p>Abstrak</p><p>Artikel ini menjelaskan permasalahan, pertama tentang faktor penyebab anak menggugat orangtua. Kedua, tentang upaya penegakan hukum terhadap Pasal 46 Undang-Undang Nomor 1 Tahun 1974 tentang Perkawinan untuk mencegah anak menggugat orangtua. Penelitian ini adalah penelitian hukum normatif bersifat deskriptif. Jenis data yang digunakan adalah data sekunder, teknik pengumpulan data yang digunakan adalah studi kepustakaan, selanjutnya teknis analisis yang digunakan adalah sifat analisis data deskriptif. Hasil Penelitian menunjukkan bahwa faktor penyebab anak menggugat orangtua adalah adanya permasalahan dalam keluarga dan ketentuan pasal terkait kewajiban anak kepada orangtua belum memberikan ketegasan bahwa anak yang menggugat orangtua merupakan pelanggaran terhadap ketentuan tersebut. Upaya penegakan hukum terhadap Pasal 46 Undang-Undang Nomor 1 Tahun 1974 tentang Perkawinan untuk mencegah anak menggugat orangtua dilakukan dengan penyelesaian permasalahan keluarga melalui musyawarah atau melalui mediasi dan perumusan kebijakan hukum lanjutan sebagai penjabaran ketentuan tersebut.</p><p>Kata kunci: Menggugat Orangtua; Kewajiban Anak; Penegakan Hukum.</p>
13
Mauraina, Glad, Angel Pratiwi, and Dian Purnama. "CHILD ADOPTION BY UNMARRIED PERSON IN THE INDONESIAN CIVIL LAW SYSTEM." Cepalo 5, no. 2 (December 31, 2021): 141–56. http://dx.doi.org/10.25041/cepalo.v5no2.2390.
Повний текст джерелаАнотація:
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.
14
OGWEZZY, Oluwatosin Omobolanle. "LEGAL PERSPECTIVE OF CHILD ADOPTION UNDER THE NIGERIAN LAW." Agora International Journal of Juridical Sciences 12, no. 2 (December 23, 2018): 57–63. http://dx.doi.org/10.15837/aijjs.v12i2.3467.
Повний текст джерелаАнотація:
Adoption is the process which creates a parent-child relationship between the adopted child and the adoptive parents with all the rights ,privileges and responsibilities that attach to that relationship. Adoption severs a relationship between the child and the natural parents or guardians.The institution of adoption is important in society because it touches on status and therefore affects the rights and obligations of an adopted person. Adoption is recognized as one of the forms of alternative care for children who have been temporarily or permanently deprived of their family environment and also for children who are unable to remain in their family environment. This paper seeks to examine the adoption of a child under the Nigerian lawie. The statutory law, the customary Law ,procedure for adoption under Nigerian Lawand the legal effect of adoption of a child under the Nigerian Law.
15
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, no. 2 (May 28, 2022): 30. http://dx.doi.org/10.20849/iref.v6i2.1192.
Повний текст джерелаАнотація:
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.
16
Goworko-Składanek, Beata, and 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, no. 3 (September 1, 2022): 91–106. http://dx.doi.org/10.15290/bsp.2022.27.03.05.
Повний текст джерелаАнотація:
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.
17
Lekanova, Ekaterina E. "Legal Peculiarities of Child Custody of Minor Parents with an Incomplete Parental Status." Family and housing law 6 (December 10, 2020): 22–25. http://dx.doi.org/10.18572/1999-477x-2020-6-22-25.
Повний текст джерелаАнотація:
Despite the existence of an article in modern Russian legislation on the legal status of minor parents, many legal issues related to the implementation and protection of the rights, duties, interests of a minor parent and his child remained outside family legal regulation, which exacerbates the already difficult problem of legal protection of early parenthood. Moreover, the provisions of Article 62 of the Family Code of the Russian Federation are very inharmoniously combined with the rules of guardianship of minors. The aim of the work is to analyze the legislation on the legal status of minor parents and guardians, to identify the legal characteristics of the care of a child of minor parents. The author concludes that the features of the care of a child of minor parents, in addition to the age of one or both parents, in the case of the appointment of a guardian include: a combination of parenthood and guardianship; unequal opportunities for the care of a child by a minor parent who is not able to independently provide care, and by the legal representative of the child of the minor parent; special (additional) grounds for terminating guardianship of a child of minor parents; the need for the guardian to live together not only with the child in care, but also with his parent. The norms of paragraph 2 of article 62 of the Family Code of the Russian Federation and paragraph 2 of article 29 of the Federal law «On Guardianship and Custodianship» should be adjusted. It is proposed to introduce special rules for the selection of the guardian of a child of a minor parent, which would properly ensure the right of the minor parent to live together with the child.
18
Rodriguez, Christina M. "Parent–Child Aggression: Association With Child Abuse Potential and Parenting Styles." Violence and Victims 25, no. 6 (December 2010): 728–41. http://dx.doi.org/10.1891/0886-6708.25.6.728.
Повний текст джерелаАнотація:
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.
19
Novaković, Uroš. "RELIGION IN FAMILY RELATIONS – RIGHT OF THE CHILD TO CHOOSE RELIGION AND/OR RIGHT OF PARENTS TO RAISE THE CHILD ACCORDING TO THEIR OWN RELIGIOUS BELIEFS." POLITICS AND RELIGION JOURNAL 12, no. 1 (March 24, 2018): 151–84. http://dx.doi.org/10.54561/prj1201151n.
Повний текст джерелаАнотація:
The state has an obligation to respect the principle of religious freedom. According to that principle, religious orientation of the parents should not be questioned, but on the other side child should be protected by the state in the sense that religious practice of the parents is not harmful for development and well-being of the child. State policy can take a stand that it is exclusive right of parent to determine the religion of the child and to raise the child in a religious way, or instead of that, child of a certain age can have the right to choose own religion. Religious norms are connected to the law through the guarantying of religious rights and freedoms. Although the parent which exercises parental rights primarily raise the child, since the determination of religion is a matter that significantly affects the life of a child, the author’s view is that a parent who does not exercise parental rights has the right to give consent to the choice or the change of child’s religion, and without his consent, another parent cannot determine child’s religion. Courts should avoid decisions that are based strictly on parents’ religious beliefs. However, due to the parents’ religious beliefs, the well-being of the child can be endangered (prohibition of undertaking medical interventions, blood transfusion). The author considers that existence of potential concrete risk is enough (a statement that medical intervention would not be allowed) so the parental responsibility, due to parent’s religion, would be assigned to another parent.
20
Milen, Rumenov Angelov. "Child Protection When Travelling Abroad." International conference KNOWLEDGE-BASED ORGANIZATION 25, no. 2 (June 1, 2019): 153–57. http://dx.doi.org/10.2478/kbo-2019-0072.
Повний текст джерелаАнотація:
Abstract The article examines child protection when travelling abroad with only one parent or someone who is not a parent or a guardian set by national and EU legislation. It analyzes cases when one of the parents does not allow their child to travel abroad with the other one. Methods of protecting the children’s best interests, as well as introducing the substitute consent have been presented. The development of the European Union’s legislation and case-law on the subject are scrutinized. The study also covers the national legislation of the Republic of Bulgaria in the field of protecting the child’s interests. The preconditions that have led to the legislative initiative on the adoption of Art. 127a of the Family Code referring to the court’s consent to a child travelling abroad with only one of the parents are analyzed. Next, there are prerequisites leading to the adoption of the Interpretative Decision No 1 of 03.07.2017 at a General Meeting of the Civil Division of the Supreme Court of Cassation of the Republic of Bulgaria, which develops the framework in the field of granting a court permit for child’s travelling. What is examined are the exact interests of the child that should be protected when the court gives the consent substituting the parental one. The case-law of the subject is followed in order to maximize its improvement in the protection of the rights and interests of the children living with one of their parents.
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Goldfarb, Kathryn E. "Parental Rights and the Temporality of Attachment: Law, Kinship, and Child Welfare in Japan." positions: asia critique 29, no. 3 (August 1, 2021): 469–93. http://dx.doi.org/10.1215/10679847-8978308.
Повний текст джерелаАнотація:
Abstract This article explores the legal norms and regulatory mechanisms in Japan that structure child welfare placement decisions, focusing specifically on the legal category of “parental rights.” It is suggested that the ways child welfare officers and caregivers understand the concept of “rights”—both those of the biological parent(s) and the child—construe kinship relationships as problems to be managed, but with a particular orientation toward what is called in the article the temporality of attachment. Child welfare caseworkers’ understandings of legal categories, processes, and forms of documentation (such as the Japanese family registry) produce particular forms of kinship that prioritize a child's possible future relationship with an absent parent, above and beyond the day-to-day relationships children might develop with alternative caregivers such as foster parents. Despite the fact that the author's Japanese interlocutors often described kinship as an immutable relationship of blood ties, the author shows how kinship is in fact produced through specific encounters between (mostly absent) parents and their children, child welfare caseworkers, and foster and institutional caregivers, scaffolded by their engagement with legal and bureaucratic regimes. The article explores what parenthood means within Japanese child welfare, both as a temporalized form of relationality and as a set of legally structured claims to the right to care.
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Lee, Susanna. "Revisiting the Parent–Child Analogy: Implications for Law and Judgment." Law, Culture and the Humanities 8, no. 2 (April 20, 2011): 195–206. http://dx.doi.org/10.1177/1743872110389960.
Повний текст джерелаАнотація:
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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Stanić, Gordana Kovaček. "Serbian Family Law: Rights of the Child." International Journal of Children's Rights 17, no. 4 (2009): 585–609. http://dx.doi.org/10.1163/092755609x12513562300829.
Повний текст джерелаАнотація:
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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이재열. "An Overview of Vietnamese Law on Parent - child relationship." Ajou Law Review 10, no. 2 (August 2016): 41–66. http://dx.doi.org/10.21589/ajlaw.2016.10.2.41.
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Kovacek-Stanic, Gordana. "Analysis of court practice in Vojvodina in the field of the relations between parents and children in the 1920s and 1930s." Zbornik Matice srpske za drustvene nauke, no. 125 (2008): 109–19. http://dx.doi.org/10.2298/zmsdn0825109k.
Повний текст джерелаАнотація:
In this paper material for a future scientific work is presented. The court cases in parent-child relation from the 1920s and 1930s kept in the Archive of Vojvodina are analyzed. Most cases are maintenance cases, one is a custody case after the parental divorce and one is damage reimbursement from the parent of a minor child who has caused the damage. The maintenance cases are mostly child maintenance claimed from the father of the child, marital or non-marital. In some cases debtor of the maintenance are grandparents of the minor grandchild. In some case the parents claimed mainte?nance from their adult child. As the most important aim of the Project 'Civil Law in Vojvodina' is the significance of the precedent in Civil Law in Vojvodina, the main point of the investigation was to establish which legal sources were used in court practice.
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Cano-Lozano, M. Carmen, María J. Navas-Martínez, and Lourdes Contreras. "Child-to-Parent Violence during Confinement Due to COVID-19: Relationship with Other Forms of Family Violence and Psychosocial Stressors in Spanish Youth." Sustainability 13, no. 20 (October 16, 2021): 11431. http://dx.doi.org/10.3390/su132011431.
Повний текст джерелаАнотація:
This study analyzes child-to-parent violence during strict confinement due to COVID-19 as well as its association with other forms of family violence (parent-to-child violence and exposure to violence between parents) and with different psychosocial stressors: Academics/work, family coexistence, finances, COVID-19 and physical and psychological health. The study included 2245 young people (52.8% females) aged between 18 and 25 years (M = 21.52 years, SD = 2.07 years). The results show that more than half of the young people reported having performed at least one violent behavior toward their parents. Child-to-parent violence is significantly related to violence from parents to their young adult children, to exposure to violence between parents and to different psychosocial stressors: Academics/work, family coexistence and psychological health. The individual and additive predictive value of other forms of family violence and psychosocial stressors in child-to-parent violence is confirmed. Prevention and intervention programs for child-to-parent violence must take into account the role of other forms of family violence present as well as the influence of psychosocial stressors.
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Radovanovic, Helen, Mary Motz, Eric Hood, and Frances Tam. "Child and Family Characteristics of Children's Post-separation Visitation Refusal." Journal of Psychiatry & Law 25, no. 1 (March 1997): 33–49. http://dx.doi.org/10.1177/009318539702500104.
Повний текст джерелаАнотація:
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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Lisk, Ida E. "The Adoption Act of Sierra Leone." Journal of African Law 36, no. 1 (1992): 28–42. http://dx.doi.org/10.1017/s0021855300009712.
Повний текст джерелаАнотація:
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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DeWolf, Julie E. "Sex Workers and the Best Interests of their Children: Issues Faced by Sex Workers Involved in Custody and Access Legal Proceedings." Windsor Yearbook of Access to Justice 37, no. 1 (May 16, 2022): 312–36. http://dx.doi.org/10.22329/wyaj.v37i1.7280.
Повний текст джерелаАнотація:
Sex worker parents often lose custody of their children. The purpose of this research was to study theimpact of a parent’s status as a past or present sex worker on judicial decision-making in custody and access disputes. Through doctrinal legal research, I explored judicial treatment of sex workers involved in custody and access disputes in Child Protection and Family Law case law from Ontario. I reviewed every reference to parental involvement in sex work from Child Protection and Family Law decisions from January 2010-March 2020. Parental involvement in sex work was often presented as an unfavourable aspect of the parent, or otherwise had a negative influence on their claim. Sex work was treated as a negative quality in a parent rather than an aspect of their life warranting further factual exploration. I argue that stigma against sex workers appears to carry more weight in custody and access disputes than evidence concerning the impact that a parent’s sex work has on a child.
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Khayitov, Muzaffar. "CERTAIN ASPECTS OF THE DEPRIVATION AND RESTRICTION OF PARENTAL RIGHTS AS A MEASURE OF LEGAL INFLUENCE." Jurisprudence 2, no. 6 (December 30, 2022): 81–89. http://dx.doi.org/10.51788/tsul.jurisprudence.2.6./buls2452.
Повний текст джерелаАнотація:
Maintaining a reasonable ratio of parental and child relationships in the family environment is one of the important tasks of each society. The development of a child as a perfect person is inextricably linked with a healthy atmosphere in the family, as well as the correct relationship between parents and children. In this regard, the fulfilment of parental obligations in relation to the child, established by Family Law, plays an important role. Nevertheless, in society, due to the unhealthy environment in some families, parental obligations are not fulfilled to the proper extent, and the norms of the law on the relationship between parent and child are not observed. This entails certain measures of responsibility in the field of family law. For this reason, this socially negative situation that exists in society is studied by scientists and specialists as an object of research. The article considers the deprivation of parental rights, its restriction and its grounds as a measure of family legal influence. The grounds for deprivation of parental rights are based on the fact that the parent or one of them has committed an unlawful act or inaction. At the same time, it was emphasized that the deprivation of parental rights, and its restriction is at the same time a measure to defend and protect the child from the negative impact of the parent, and the family environment, to ensure the rights and legitimate interests of the child.
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Rahmatillah, Syarifah, and Mahlil Ridwan. "Pengangkatan Anak tanpa Penetapan Mahkamah Syar’iyah: Aktivitas Sosial, Kepastian Hukum di Nagan Raya, Aceh." Legitimasi: Jurnal Hukum Pidana dan Politik Hukum 11, no. 2 (December 30, 2022): 289. http://dx.doi.org/10.22373/legitimasi.v11i2.15791.
Повний текст джерелаАнотація:
Child raising is the transfer of the legal position of the child from the parent to the parent. In practice, the raising of children is usually carried out by persons who, in their marriage, do not produce offspring. The process of raising children in Indonesia has been regulated in PP No. 54 of 2007 on the Enforcement of Child Abduction and Permensos No. 110 of 2009 on the Conditions of Deprivation of Children. However, in practice, many children are raised by society in ways that are not in accordance with the rules. The problem that is investigated in this script is how the raising practices are carried out by the people of Kecamatan Tadu Raya and how the review of the Indonesian legal system is related to the implementation of the raising of children carried out in Kecamatan Tudu Raya. In this study, the author uses the method of the Yuridis empirical approach, which is to study the norms or rules that form the foundation and see the application of these rules in the life of society. The findings of this study revealed that child raising in the district of Tadu Raya is only implemented through the process of oral agreement between the parent raising with the parent of the child with the factor has not yet had children in the family, as well as the economic factor of the family raising the sense of disappointment to raise the child, the parent is also positioned as a child even though the relationship with the parents of his child is not decided. According to the Indonesian legal system, the practice of raising a child is not in accordance with positive law and Islamic law. So the practice of raising children in the Tadu Raya is only a social activity that does not follow the applicable legal process.
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Bobrus-Nowińska, Ewelina. "Interpretation Problems Relating the Scope of Meaning of the Term “Person Single-Handedly Raising Child” in the Polish Law." Roczniki Nauk Prawnych 32, no. 2 (August 4, 2022): 7–23. http://dx.doi.org/10.18290/rnp22322.1.
Повний текст джерелаАнотація:
Until the end of 2021, in accordance with the Act on Personal Income Tax (PIT Act), persons single-handedly raising children benefited from joint taxation with a child, while as of the beginning of 2022, they are entitled to the tax relief of PLN 1500. After growing criticism of the recent amendment to the act, our government decided to return to the former legal status. The aforementioned tax advantage, while being of great practical importance, raised and will continue to raise several doubts after the amendment. One of the most important issues is the precise definition of who is a “single parent” – whether this criterion is met when a child lives with one parent, but contacts the other parent and spends time with him or her occasionally, or when divorced parents have joint custody of a child. The Polish Deal (Polski Ład) partially addresses these doubts, but obviously does not dispel all of them.
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Emery, Robert E., Randy K. Otto, and William T. O'Donohue. "A Critical Assessment of Child Custody Evaluations." Psychological Science in the Public Interest 6, no. 1 (July 2005): 1–29. http://dx.doi.org/10.1111/j.1529-1006.2005.00020.x.
Повний текст джерелаАнотація:
SUMMARY—Most parents who live apart negotiate custody arrangements on their own or with the help of lawyers, mediators, or other professionals. However, psychologists and other mental health professionals increasingly have become involved in evaluating children and families in custody disputes, because of the large number of separated, divorced, and never-married parents and the substantial conflict that often accompanies the breakup of a family. Theoretically, the law guides and controls child custody evaluations, but the prevailing custody standard (the “best interests of the child” test) is a vague rule that directs judges to make decisions unique to individual cases according to what will be in children's future (and undefined) best interests. Furthermore, state statutes typically offer only vague guidelines as to how judges (and evaluators) are to assess parents and the merits of their cases, and how they should ultimately decide what custody arrangements will be in a child's best interests. In this vacuum, custody evaluators typically administer to parents and children an array of tests and assess them through less formal means including interviews and observation. Sadly, we find that (a) tests specifically developed to assess questions relevant to custody are completely inadequate on scientific grounds; (b) the claims of some anointed experts about their favorite constructs (e.g., “parent alienation syndrome”) are equally hollow when subjected to scientific scrutiny; (c) evaluators should question the use even of well-established psychological measures (e.g., measures of intelligence, personality, psychopathology, and academic achievement) because of their often limited relevance to the questions before the court; and (d) little empirical data exist regarding other important and controversial issues (e.g., whether evaluators should solicit children's wishes about custody; whether infants and toddlers are harmed or helped by overnight visits), suggesting a need for further scientific investigation. We see the system for resolving custody disputes as deeply flawed, for reasons that go beyond the problem of limited science. The coupling of the vague “best interests of the child” test with the American adversary system of justice puts judges in the position of trying to perform an impossible task, and it exacerbates parental conflict and problems in parenting and coparenting, which psychological science clearly shows to be key factors predicting children's psychological difficulties in response to their parents' separation and divorce. Our analysis of the flawed system, together with our desire to sharply limit custody disputes and custody evaluations, leads us to propose three reforms. First, we urge continued efforts to encourage parents to reach custody agreements on their own—in divorce mediation, through collaborative law, in good-faith attorney negotiations, in therapy, and in other forums. Some such efforts have been demonstrated to improve parent–parent and parent–child relationships long after divorce, and they embrace the philosophical position that, in the absence of abuse or neglect, parents themselves should determine their children's best interests after separation, just as they do in marriage. Second, we urge state legislatures to move toward adopting more clear and determinative custody rules, a step that would greatly clarify the terms of the marriage contract, limit the need for custody evaluations, and sharply narrow the scope of the evaluation process. We find particular merit in the proposed “approximation rule” (recently embraced by the American Law Institute), in which postdivorce parenting arrangements would approximate parenting involvement in marriage. Third and finally, we recommend that custody evaluators follow the law and only offer opinions for which there is an adequate scientific basis. Related to this, we urge professional bodies to enact more specific standards of practice on this and related issues.
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Grey, Ben, and Steve Farnfield. "The Meaning of the Child Interview (MotC) – the initial validation of a new procedure for assessing and understanding the parent-child relationships of “at risk” families." Journal of Children's Services 12, no. 1 (March 20, 2017): 16–31. http://dx.doi.org/10.1108/jcs-03-2016-0006.
Повний текст джерелаАнотація:
Purpose The purpose of this paper is to report on the initial validation of a new method, called the “Meaning of the Child Interview” (MotC), to assess the psychological meaning all children have for their parents, but which in cases of risk, submerge or distort the child’s identity. The MotC analyses parental discourse using a method developed from the discourse analysis used to classify the Adult Attachment Interview together with patterns derived from the infant CARE-Index, a procedure that evaluates face-to-face parent-child interaction. This allows the MotC to illuminate how the parent’s thinking influences the developing relationship between parent and child. Design/methodology/approach Parents are interviewed using the Parent Development Interview (PDI), or an equivalent, and then the interview transcript is classified using the MotC system. The coding method was developed from interviews drawn from the first author’s work with children and families in the family court system, and then tested with a sample of 85 mothers and fathers, 62 of whom were parents drawn from an “at risk” context. The parents were also videoed in a short free play interaction, using the CARE-Index. Findings The study found a strong correspondence between the levels of risk as assessed by the MotC patterns of parental representation of care giving, the risk to the parent-child relationship observed using the CARE-Index. There was also corroboration of the patterns of interaction identified by the MotC. Originality/value The results of the study provide good evidence for the Meaning of the Child as an identifiable construct, and as an assessment tool to identify and assess the nature of “at risk” parent-child relationships. MotC was developed in a clinical setting within the Family Court justice system, and is designed to offer assistance to child protection and mental health practitioners deciding how to intervene in particular parent-child relationships.
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Eyongndi, David Tarh-Akong, and Samuel A. Adeniji. "Judicial Balacing of Parental Objection to Medical Treatment on the Basis of Religious Beleifs and Children Right to Life in Nigeria." Age of Human Rights Journal, no. 18 (June 23, 2022): 523–44. http://dx.doi.org/10.17561/tahrj.v18.7009.
Повний текст джерелаАнотація:
Children being vulnerable, have special protection under the law through their parents or guardian who are responsible for them; and make decisions for them because they lack legal capacity. One of these decisions a parent/guardian makes is determining the religion of a child. Once the parent/guardian chooses the religion of the child, the child may become bound by its practices throughout childhood. While the right of parents to determine the religion of their children is recognised by domestic, regional and international laws, the way courts in Nigeria treat this recognition suggests that the right is not absolute. This paper adopts the doctrinal methodology in interrogating the extent to which Nigerian Courts permit the observation by a child of the religious practices of his/her parent in relation to submission to medical treatment in order to protect the child’s right to life. This paper argues that law and morality are media of social control but have their convergence and divergence. It further argues that sanctity of human life which for many forbids suicide, requires that even adults should not be allowed to object to medical treatment which refusal may result in death which can be seen as “disguised suicide.” These authors examined the Supreme Court decision in Medical Dental Practitioners Disciplinary Council v. Okonkwo and found that; Nigerian Courts recognise parent right to choose their children religion and practices however, any religious practice prejudicial to the child based on the “best interest” principle provided under the Child Right Act and its States equivalent will be jettisoned. It examines the practice in Britain and Canada and draw lessons for Nigeria. This paper recommends public enlightenment, prohibition of harmful religious beliefs such as objection to life-saving medical procedure by parents for minors as means of balancing parents/guardian right to choose their children religious beliefs and preservation of the children right to life.
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Van der Linde, A., and N. Van Schalkwyk. "Die Reg van die Kind op Kontak met Beide Ouers: Opmerkings na Aanleiding van Onlangse Ontwikkelinge in die Nederlandse Reg." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 14, no. 1 (June 6, 2017): 67. http://dx.doi.org/10.17159/1727-3781/2011/v14i1a2545.
Повний текст джерелаАнотація:
This contribution discusses the amendment to section 1: 377a lid 1 BW of 1 March 2009, in Dutch law. According to this provision a child has the right to have contact with both parents as well as with those who have sufficient close personal links with the child. The parent who is not responsible for the physical care of the child has the right and obligation to have contact with the child. The question whether the South African law, through the provisions of section 28 of the Constitution and the Children's Act, provides such a right and obligation, is investigated. Even though the conclusion is reached that the South African law indirectly provides such right and obligation, it is argued that the explicit recognition thereof in the Children's Act would provide a statutory legal duty on parents to have and maintain contact with their child. This would enhance legal certainty. Attention is also given to the enforcement of such right of the child.
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Katyal, Sonia, and Ilona Turner. "Transparenthood." Michigan Law Review, no. 117.8 (2019): 1593. http://dx.doi.org/10.36644/mlr.117.8.transparenthood.
Повний текст джерелаАнотація:
Despite the growing recognition of transgender rights in both law and culture, there is one area of law that has lagged behind: family law’s treatment of transgender parents. We perform an investigation of the way that transgender parents are treated in case law and discover striking results regarding the outcomes for transgender parents within the family court system. Despite significant gains for transgender plaintiffs in employment and other areas of law, the evidence reveals an array of ways in which the family court system has systematically alienated the rights and interests of transgender parents. In many cases involving custody or visitation, we find that the transgender parent loses their bid, sometimes even losing their right to be recognized as a parent. This absence of equal treatment is striking and deserving of analysis, particularly given the law’s shift toward a standard that is supposed to minimize the risk of bias in LGBT parenting cases. In a striking number of cases, however, we found evidence of persistent bias regarding the gender identity and expression of the transgender parent—which we refer to as transition, contagion, and volition related concerns—that underscores the courts’ analysis. Normatively, this Article calls for a deeper interrogation of the ways in which family equality can be expanded—and even reoriented—to better protect the interests of transgender parents within the family law system. As a solution, we propose a way to balance courts’ broad discretion with the disproportionate risk that bias will infect the decisionmaking, resulting in irreparable harm to both the child and the parent.
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Ahmad Hafid Safrudin. "Status Harta Waris terhadap Anak Angkat Perspektif Adat Jawa dan KHI." El-Faqih : Jurnal Pemikiran dan Hukum Islam 5, no. 2 (October 30, 2019): 153–75. http://dx.doi.org/10.29062/faqih.v5i2.70.
Повний текст джерелаАнотація:
The presence of adopted children in the family allows for a high level of emotional bonding, which no longer separates one another. So, in time the adopted child can be counted as the person who deserves the property of foster parents after death. This is the result of what happened in the later days. In relation to the problem in this study, that the existence of the adopted child above has a position on the inheritance of treasures. According to Javanese customary law, although the child's appointment does not decide the child's relationship with the parent and adopted child does not become the child of the adoptive parents, but the adopted child is entitled to the inheritance of both the parents and the adoptive parents. Under Islamic law, although it is clear that Islam cannot accept the existence of an adopted child on his or her position on the inheritance of adoptive parents. However, KHI which is a legal written law that is applied as a special guideline for Muslims in resolving all legal issues including the position of the adopted child, in article 209 KHI explained that the adopted child is entitled to receive a testament of a general order of 1/3 from the heritage property of foster parents
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Kawashita, Riko, and Haruka Kato. "Mental Health and Parent–Child Residential Distance for Older People: Cross-Sectional Study Using a Comprehensive Survey of Living Conditions in Japan." Sustainability 16, no. 5 (February 20, 2024): 1715. http://dx.doi.org/10.3390/su16051715.
Повний текст джерелаАнотація:
Parent–child residential distance is a focus of housing policies in Japan, which is experiencing an aging society. This study aimed to clarify the relationship between mental health and parent–child residential distance for older parents. This study design was a cross-sectional study of older parents. The data utilized were anonymized data from the 2016 Comprehensive Survey of Living Conditions. A two-way ANOVA test set the outcome variable as the K6 scale and the three predictors as age, gender, and parent–child residential distance. A statistically significant difference was found in the interaction between parent–child residential distance and age group. In particular, the average mental score of older parents over 75 years old living together with their children was above the cutoff value indicating serious mental illness. Meanwhile, the mental scores of older parents whose children lived in the same city did not differ significantly between those aged 65 to 74 years old and those aged 75 years and older. This study concludes that mental health is poorer among late-old-stage parents living closer to their children. This conclusion implicated the promotion of parent and child households moving to the same city from the viewpoint of mental health.
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Ring, Rosemarie T. "Personal Jurisdiction and Child Support: Establishing the Parent-Child Relationship as Minimum Contacts." California Law Review 89, no. 4 (July 2001): 1125. http://dx.doi.org/10.2307/3481292.
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Lekanova, E. E. "The Dispute concerning the Child’s Place of Residence in Case of Separation of Parents: History and Modernity." Actual Problems of Russian Law 19, no. 1 (February 17, 2024): 88–101. http://dx.doi.org/10.17803/1994-1471.2024.158.1.088-101.
Повний текст джерелаАнотація:
The relevance of researching the issue of the parent’s right to upbringing a child using a comparative historical and legal method can be explained by the fact that criteria still used by courts to resolve disputes about determining the place of residence of a child when parents are separated were developed in the Soviet times. The system of criteria for resolving cases concerning foster care in Soviet law enforcement practice began to be actively formed in 1928 due to participation of child custody and guardianship authorities in such cases. However, the system of such criteria was not fixed in the marital and family codes of the RSFSR. The lack of these criteria in the legislation allowed the courts to resolve disputes concerning child custody without analyzing them and without taking them into account. It was only in the post-Soviet period that an approximate system of such criteria was enshrined in the Family Code of the Russian Federation. In most cases, when resolving a dispute concerning the place of residence of a child (child custody) parents also ask to determine the schedule of communication between a separate parent and a child. In 2018, the law-enforcer made a serious evolutionary leap in determining the schedule of communication between a separate parent and a child. The Supreme Court of the Russian Federation faces a legal dilemma. On the one hand, the Court demonstrates respect for equality of parents’ rights to upbringing a child. On the other hand, it must take into account the child’s interest in the stability of the place of residence. The court resolved the dilemma in favor of the interests of the child. The paper provides proposals for improving family legislation in order to take into account the specified law enforcement experience of the Supreme Court of the Russian Federation.
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Hegar, Rebecca L., and Geoffrey L. Greif. "How Parentally Abducted Children Fare: An Interim Report on Families who Recover Their Children." Journal of Psychiatry & Law 21, no. 3 (September 1993): 373–83. http://dx.doi.org/10.1177/009318539302100306.
Повний текст джерелаАнотація:
Parental abduction of children is a little-studied psychiatric and legal problem. Interviews were conducted with 69 parents whose children had been abducted and recovered, part of a larger group who responded to a written survey in 1989. Comparison of survey and follow up interview responses revealed a process of normalizing relationships with the abducting parent. At follow up, more cases showed a pattern that involved visits between the child and the former abductor, payment of child support, and decreased fear of another abduction. In 12 cases the child was living with the former abducting parent at follow up. Seventy-nine percent of the children had received mental health care since the abduction. Large proportions of the parents reported satisfaction with their children's adjustment in four areas of functioning.
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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.
Повний текст джерелаАнотація:
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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Lin, Qia. "Brief analysis of the inheritance relationship of stepparents and stepchildren." Journal of Education, Humanities and Social Sciences 1 (July 6, 2022): 162–67. http://dx.doi.org/10.54097/ehss.v1i.656.
Повний текст джерелаАнотація:
The relationships between includes pure affinity, adoption and support. The nominal kinship relationship between stepparents and stepchildren does not form a relationship of dependency and cannot be inherited by each other; the adoptive step-parent and step-child relationship asserts legal inheritance in accordance with the presumption of parent-child relationship by blood relatives; and the support relationship between asserts its inheritance right on the condition of forming a "relationship of dependency". However, the law does not provide for this inheritance right in detail, resulting in different decisions in practice. This article analyses the jurisprudential debate, the legal basis and the requirements for the formation of inheritance rights between dependent step-parents and children, in the hope that the law will provide clearer guidelines for its application in this regard.
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Svensson, Robert. "Shame as a Consequence of the Parent-Child Relationship." European Journal of Criminology 1, no. 4 (October 2004): 477–504. http://dx.doi.org/10.1177/1477370804045692.
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Yasir, Rahimah, Busyra Azheri, and Neneng Oktarina. "The Factors that Influence the Causes of the Revocation of Parental Authority on Children are Reviewed by Marriage Law Number 1 of 1974 (case study of Verdict No. 78 / Pdt.G / 2017 / PA.PP)." International Journal of Multicultural and Multireligious Understanding 6, no. 10 (July 23, 2019): 149. http://dx.doi.org/10.18415/ijmmu.v6i10.931.
Повний текст джерелаАнотація:
A child is a really special gift for parents from God, Allah SWT. Parents have an absolute right to educate, to nurture, to take care, and to fulfill child’s need until the child grows to become an adult. Before growing up, the child is under his parent power. However, sometimes power of parents is revoked by religious court because of negligence of parents in caring the child. It is stated in Article 49 of Act Number 1 Year 1974 that power of mother or father or both of them could be revoked in certain time based on the will of other people or child’s relatives or child’s sibling or authorized officials by referring to court decision. The power is revoked because parents are negligence in fulfilling their responsibility or they do the bad things. Although the power is revoked, the parents still have responsibility to give financial support to the child. Based on the explanation above, problems to be discussed in this thesis are factors which cause the revocation of parent power on children reviewed from Act Number 1 Year 1974 (a case study of Verdict No. 78/Pdt.G/2017/PA.PP), and law consideration of panel of judges in giving judgement about revoking parent power on a child (a case study of Verdict No. 78/Pdt.G/2017/PA.PP).Method of approach in this research is empirical, which means that secondary data was investigated first before primary data in the field was researched. Specification in this research is descriptive. Method of data collection are field research (interview) and library research. Result of the research shows that among factors which influence the cause of revoking parent power are: it occurs on children under 18 years and they are not married yet, parents are prosecuted because of their negligence in fulfilling their responsibility and doing really bad thing, and prosecutor meets criteria to be a guardian based on applicable provision. Judge consideration in giving judgement is that parents has broken the elements of marriage which is stated in Article 47 and Article 49, Act Number 1 Year 1974.
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Safuanov, F. S., O. F. Savina, M. V. Morozova, A. S. Kalashnikova, S. S. Kulakov, Ju O. Perepravina, I. D. Zabezhinskaya, M. A. Malinovskaya, K. M. Soldatova, and O. K. Bodrova. "Parent-Child Interaction: Forensic and Psychological Expert Evaluations." Psychology and Law 12, no. 1 (2022): 115–32. http://dx.doi.org/10.17759/psylaw.2022120110.
Повний текст джерелаАнотація:
In our scientific work we tested a methodology for studying child’s interaction with his/her cohabitant parent and the one living away. The methodology is integrated into the compre-hensive forensic, psychological and psychiatric examination which is carried out during family law cases between divorcing parents and is aimed to decide the child’s place of resi-dence or visiting arrangements for the separated parent. The methodology protocol includes sociodemographic parameters, expert decisions and two datasets on the child-parent rela-tionship found during the forensic examination and interaction test. 66 children aged 4-15 have been examined. Of those, 28 children (23 boys, 5 girls) were incapable to make their own decisions on the issues that might affect them (due to the induced state they were in as a result of the cohabitant parent’s actions). The 38 remaining children’s (17 boys, 21 girls) abilities to make their own decisions were intact. The research isolated highly informative interaction peculiarities that are typical for the children who are unable to make their own decisions on the substance of the litigation and also demonstrated their high importance for expert diagnostics.
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Stark, Debra, Jessica Choplin, and Sarah Wellard. "Properly Accounting for Domestic Violence in Child Custody Cases: An Evidence-Based Analysis and Reform Proposal." Michigan Journal of Gender & Law, no. 26.1 (2019): 1. http://dx.doi.org/10.36641/mjgl.26.1.properly.
Повний текст джерелаАнотація:
Promoting the best interests of children and protecting their safety and well-being in the context of a divorce or parentage case where domestic violence has been alleged has become highly politicized and highly gendered. There are claims by fathers’ rights groups that mothers often falsely accuse fathers of domestic violence to alienate the fathers from their children and to improve their financial position. They also claim that children do better when fathers are equally involved in their children’s lives, but that judges favor mothers over fathers in custody cases. As a consequence, fathers’ rights groups have engaged in a nationwide effort to reform the custody laws to create a presumption of equal parenting time, with no exception when one of the parents has engaged in domestic violence. Domestic violence survivors and their advocates, however, claim that the needs of survivors of domestic violence and their children to be safe and free from further abuse are not being met in custody cases, that their claims of abuse are not being believed, and that the harm when a parent commits domestic violence against the other parent is not being recognized and addressed by judges and the family law professional upon whom they rely. This Article first presents a literature review, with articulated scientific standards applied to each of the pieces of research cited in this review, on what is happening outside of court and in court relating to domestic violence and best practices for taking domestic violence into account in these child custody cases. Among the key findings from this literature review are: (1) when a parent commits domestic violence against the other parent, this can cause serious long-term harm to children, (2) custody judgments tend to favor fathers over mothers because greater weight is placed on claims of alienation than on domestic violence claims, (3) long-term harms can be mitigated by evidence-based best practices, most notably, supporting non-abusive parents in their efforts to protect themselves and their children from further domestic violence, (4) family law judges and professionals must be trained on domestic violence and its nuances, as well as how to screen for domestic violence, to adequately support them, and (5) a component of this training is learning how to distinguish mutual “situational couple violence” for which “parallel parenting” custody arrangements might be feasible, from a pattern of “coercive abuse,” where sole decision-making and primary parenting time should be ordered to the non-abusive parent, and protective restrictions on parenting time should be ordered to the abusive parent. The Article then reports on a fifty-state review of custody-related laws (laws determining which parent makes major decisions relating to the child, who is allocated primary parenting time, and whether protective restrictions shall be placed on the parenting time of a parent who has engaged in domestic violence). This review found serious gaps between what evidence-based best practices suggest, and what is currently required by law in many states. These gaps in the law, including the failure of the law to require domestic violence screening and training for judges and other family law professionals, contribute to poor custody decision-making by them that compromises the safety and welfare of domestic violence survivors and their children. The Article then proposes nuanced law reforms that would align custody-related laws with evidence-based best practices for taking domestic violence into account in custody cases, including creating rebuttable presumptions, burdens of proof, and definitions of domestic violence that conform with these evidence-based best practices.
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Uys, Alet Magdaleen. "South African courts' differing approaches to determining children's views in family law matters." De Jure 56, no. 1 (August 28, 2023): 309–29. http://dx.doi.org/10.17159/2225-7160/2023/v56a20.
Повний текст джерелаАнотація:
The United Nations (UN) Convention on the Rights of the Child, 1989 (CRC), the African Charter on the Rights and Welfare of the Child, 1990 (ACRWC) and sections 6(5), 10, and 31(1)(a) of the Children's Act 38 of 2005 (Children's Act) place an obligation on South African courts to determine children's views in their parents' family law matters. This article analyses thirteen judgments stretching from 2003 - 2020 and one 2018 psychological study in relation to parenting plans to ascertain how South African courts determine children's views and wishes in practice. The judgments selected relate to divorces and disputes regarding children's primary residence and care and contact (custody and access disputes), disputes where a parent intends emigrating with children, and matters were a parent abducted a child. The judgments indicate courts have diverging approaches to determining children's views and wishes in family law matters. The 2018 psychological study found legal practitioners unfortunately fail to take into account children's inputs for purposes of drafting their parents' parenting plans. In light of courts' diverging approaches to determining a child's voice in their parents' litigious matters, as well as the current complete lack of guidelines in this regard, there is a need to amend the Children's Act to assist courts with particular regulations or guidelines in this regard. If courts are equipped with guidelines to direct their determination of children's views and wishes in family law matters, this will result in a more certain, and more congruent approach and most importantly, it will assist courts to pay heed to their duty to properly hear the voice of the child.
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Hazen, Katherine P., Matthew W. Carlson, Meredith L. Cartwright, Claire Patnode, Jennie Cole‐Mossman, Samantha Byrns, Kelli Hauptman, and Joy Osofsky. "The Impact of Child‐Parent Psychotherapy on Child Dependency Court Outcomes." Juvenile and Family Court Journal 72, no. 1 (March 2021): 21–46. http://dx.doi.org/10.1111/jfcj.12191.
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