scholarly journals Assessing allegations of child sex abuse in custody disputes

2019 ◽  
Vol 44 (01) ◽  
pp. 5-12 ◽  
Author(s):  
Emily Schindeler
Keyword(s):  
Child Protection ◽  
Emotional Abuse ◽  
Critical Role ◽  
Best Interests ◽  
Risk Assessments ◽  
Family Court ◽  
Sex Abuse ◽  
The Family ◽  
Custody Disputes ◽  
Child Sex Abuse

AbstractRisk assessments by expert witnesses appointed by the Family Court of Australia (FCA), and as informed by findings of any investigations by police and child protection agencies, play a critical role in the adjudication of custody disputes involving allegations of child sex abuse. This study focuses on the contribution made by these independent advisors as documented in the FCA trial transcripts of a sample of 62 such cases in the period 2012–2016. Analysis reveals that those responsible for assessing risk shared a concern for an emerging pattern of applicant responsibility for systems abuse, in conjunction with emotional abuse, as a significant child protection issue. It also raises issues for the Court when there are multiple risk assessments coming from experts who bring different disciplinary and organisational perspectives. As an exploratory study, the implications of these findings need to be viewed through the lens of protecting the best interests of the child.

scholarly journals Hukum Waris terhadap Anak Adopsi dalam Perspektif Islam

2020 ◽  
Vol 7 (1) ◽  
pp. 94-106
Author(s):  
Muhammad Lutfi Syarifuddin
Keyword(s):  
Child Protection ◽  
Islamic Law ◽  
Adoptive Parents ◽  
Customary Law ◽  
Best Interests ◽  
Adopted Children ◽  
Inheritance Law ◽  
Law System ◽  
Biological Parents ◽  
The Family

In practice, in Indonesia children adoption has become a public phenomenon in society and is part of the family law system because it involves individual interests in the family. In the case of adoption, parents need to pay attention to the best interests of the child and be implemented based on local customs, applicable laws and regulations, this has been regulated in Article 39 of the Child Protection Act. Adoption of children is divided into two types, namely adoption of children between Indonesian citizens (domestic adoption) and adoption of Indonesian citizens by foreign citizens (adoption between countries). Appointment of children must be done by legal process, through the establishment or decision of the Court. The research method is normative juridical research. Based on the research results, the inheritance Indonesian citizens rights in the Indonesian inheritance law case are implemented based on Islamic law, adopted children do not inherit from adoptive parents and remain the biological parents. Under customary law, the inheritance of adopted children depends on customary law in the area. By law adoption children do not inherit from adoptive parents, and adopted children remain the heirs of their biological parents.

Child Protection

2020 ◽  
pp. 304-351
Author(s):  
Claire Fenton-Glynn
Keyword(s):  
Child Protection ◽  
Family Reunification ◽  
Best Interests ◽  
Alternative Care ◽  
Parents And Children ◽  
The Family ◽  
Procedural Rights ◽  
Emergency Measures ◽  
The Way

This chapter analyses the obligations placed on domestic authorities in the field of child protection. It starts by examining the way in which the Court has attempted to balance the rights of parents and children in this area, and in particular, the place of the ‘best interests’ principle in the Court’s jurisprudence. The chapter then goes on to consider the substantive rights in this area, including emergency measures, the removal of the child from the family, and their placement in alternative care, before examining the extensive procedural rights for parents and children under Articles 6 and 8. Finally, it details the jurisprudence of the Court concerning family reunification and the positive obligations placed on states to facilitate this.

scholarly journals De conflictscheiding als complexe gezinsproblematiek : Waarom screening op huiselijk geweld essentieel is1

Pedagogiek ◽  
2020 ◽  
Vol 40 (2) ◽  
pp. 205-231
Author(s):  
Corine de Ruiter ◽  
Marilien Marzolla ◽  
Niki Ramakers
Keyword(s):  
Intimate Partner Violence ◽  
Partner Violence ◽  
Child Protection ◽  
Mental Health Problems ◽  
Intimate Partner ◽  
Family Court ◽  
High Conflict ◽  
The Family ◽  
High Conflict Divorce ◽  
Screening Interview

Abstract High Conflict Divorce as a Complex Family Problem: Why Domestic Violence Screening is EssentialHigh Conflict Divorce form 20% of separations that involve children. These parents continue to litigate child custody and parenting arrangements, and accuse each other of child abuse, intimate partner violence, and mental health problems. The children suffer because of longstanding animosity. In this contribution, we report on a pilot study among 102 parents in a high conflict divorce, assessed at the Child Protection Council, Safe Home, or a child welfare service. The MASIC, a structured screening interview for intimate partner violence (IPV), was administered to each parent separately. Results revealed that the prevalence of different types of IPV was extremely high in our sample, and the violence kept occurring after the divorce, albeit somewhat less frequently. Our findings largely concur with international research in this area. In particular, the presence of coercive controlling violence perpetrated by one of the ex-partners, should prompt the professional to conduct further evaluation of parental and child safety. The type of IPV that emerges from the MASIC screening has implications for the advice to the parents and the family court.

Clinical Opinion Letters Regarding Breastfeeding and Neonatal Abstinence Syndrome for Child Apprehension Family Court Proceedings

2018 ◽  
Vol 35 (2) ◽  
pp. 349-353
Author(s):  
Martha Jane Paynter
Keyword(s):  
Replacement Therapy ◽  
Child Protection ◽  
Best Interests ◽  
Family Court ◽  
Neonatal Abstinence Syndrome ◽  
Abstinence Syndrome ◽  
Opioid Use ◽  
Best Interest ◽  
Rights Of The Child ◽  
Opioid Replacement Therapy

The accelerating reach of opioid use disorder in North America includes increasing prevalence among pregnant people. In Canada, the rate of Neonatal Abstinence Syndrome (NAS) rose 27% between 2012–2013 and 2016–2017, and it is estimated that 0.51% of all infants now experience NAS after delivery. Pregnant people are a priority population for access to opioid replacement therapy programs. Participation in such programs demonstrates significant commitment to self-care among pregnant people and concern for fetal and infant wellbeing. Participation in opioid replacement therapy often results in family surveillance by Child Protection Services and infant apprehension. Children of Indigenous descent are held in foster care at high and disproportionate rates.The Convention on the Rights of the Child principle of Best Interests of the Child governs family law and child access decisions. The value of breastfeeding for all children and in particular for children recovering from NAS can be a consideration in the Best Interest of the Child. Clinicians with expertise in lactation may support the breastfeeding dyad to remain together by preparing Clinical Opinion Letters for the court. This Insights into Policy presents a how-to description of the content of clinical opinion letters in such cases, including context and process considerations, client background, breastfeeding science, and factors specific to neonatal abstinence syndrome.

scholarly journals Engaging parents in Family Court: Lessons from an observational study of child protection cases

2016 ◽  
Vol 17 (2) ◽  
pp. 129-146 ◽  
Author(s):  
Vicki Lens
Keyword(s):  
United States ◽  
Decision Making ◽  
Child Protection ◽  
Participatory Approach ◽  
The Other ◽  
Family Court ◽  
Court Cases ◽  
Court System ◽  
Northeastern United States ◽  
The Family

Summary This study explores the courtroom interactions between judges, attorneys, and parents charged with child abuse or neglect. Drawing on ethnographic observations of court cases in a Family Court located in the northeastern United States, this study seeks to understand how judges encourage or inhibit parents’ participation and the strategies and tactics used to influence parental behaviors and obtain cooperation with court orders. Findings On one end of the spectrum are judges who engage little, or not at all with parents, preferring to speak only to the professional court actors. On the other end of the spectrum is a more participatory approach, with judges weaving parents into court room exchanges and engaging them in informational and decision-making dialogs. A similar divergence appears when soliciting cooperation from parents, with some judges relying on shaming rituals and others using a softer approach that incorporates praise and support. Applications Strategic interventions are identified that will increase parents’ cooperation and satisfaction with the Family Court system. These include vigorously engaging in both informational and decision-making dialogs with parents and using rituals of praise and support, rather than shaming.

Child Protection and the Family Court – What You Need to Know

2019 ◽  
Author(s):  
Rt Hon Sir Andrew McFarlane ◽  
Madeleine Reardon ◽  
Alexander Laing
Keyword(s):  
Child Protection ◽  
Family Court ◽  
The Family

scholarly journals Indigenous Children’s ‘Best Interests’ at the Crossroads

2012 ◽  
Vol 5 (2) ◽  
pp. 25-35 ◽  
Author(s):  
Kyllie Cripps
Keyword(s):  
Child Protection ◽  
Best Interests ◽  
Nation State ◽  
Out Of Home Care ◽  
The Family ◽  
Indigenous Children ◽  
Protection Systems ◽  
Rights Discourse ◽  
The Many ◽  
Children In Care

This article reviews the use of the term ‘best interests’ as it is commonly used in Australian child protection systems and its application in Indigenous contexts. In 2010–11 there were some 12,358 Indigenous children in out-of-home care in Australia, representing 32.85% of the total number of Australian children in care. In this review, I carefully consider, in the context of a rights discourse, the many influences, historical and present day, Indigenous and non-Indigenous, that have contributed to this situation. While the ‘family’ has traditionally been considered a private sphere in which the state rarely intervenes, I seek to investigate why the nation state has increased surveillance of and intervention into Indigenous families. The article concludes with a reflection on how the nation state, and its agents via child protection authorities, can take stock of the present situation to consider more meaningful ways of supporting Indigenous mothers, families and communities to raise their children in safety

scholarly journals Judgment Considerations Regarding Decisions about Child Sex Abuse Crime Conducted by Military Member

2020 ◽  
Vol 1 (2) ◽  
pp. 241-258
Author(s):  
Novi Anggraini Putri
Keyword(s):  
Child Protection ◽  
Military Service ◽  
Qualitative Method ◽  
Literature Study ◽  
Judicial Process ◽  
Sex Abuse ◽  
Is Implementation ◽  
Child Sex Abuse ◽  
Speak Up

TNI and Children are the two parties that are protected by special laws and regulations. Members of the TNI are committed and submit to military legislation. Apparatus who committed crimes have to follow the military’s criminal law and military court. Meanwhile, children as the victims of criminal acts have the rights that are legally protected in the legislation on child protection. The problems on this research are (1) How is Implementation of Act No. 35 of  2014 About Child Protection against child sex abuse committed by TNI in Judicial Process at Military Court II-10 Semarang? (2) How does the judge’s consideration about the Criminal adjudication to the suspect of the child sex abuse committed by TNI (Case Study of Military Court II-10 Semarang’s Verdict No. 62-K/PM.II-10/AD/IX/2016)? This study uses a qualitative method located in Indonesia with a Verdict as the object of research. The data collection techniques using document and literature study. The result of research, 1) Implementation of Act No. 35 of  2014 About Child Protection in Judicial Process at Military Court II-10 Semarang, i.e (1) Arresting the defendant (2) Giving the child as a victim an opportunity to speak up some testimony (3) The result of Visum et Repertum as a Health service (4) Giving detention and forfeit to defendant along with dismissal from military service  2) Judge's consideration of the Criminal adjudication of perpetrators of the Child Sex Crimes committed by TNI (1) Juridical considerations, i.e : Indictment, testimony of witnesses and defendants, expert's testimony, evidence and other articles in the Child Protection Law (2) Non-Juridical Considerations are mitigating and aggravating factors. The conclusion of this research is that the Implementation of Act no. 35 of 2014 has not been fully implemented in the judicial process in Military Court II-10 Semarang, the child’s identity in the previous verdict is not disguised. Suggestion from this study is the punishment of the defendant should refer to Act no. 35 of 2014 on Child Protection and after the judicial process the parties including law enforcement should provide protection for the future of the child as a victim.

Family, Courts and Media Discourses: The Contested Spaces of Time, and the Politics of the Protection of Children

2012 ◽  
Vol 37 (4) ◽  
pp. 142-150 ◽  
Author(s):  
Pamela D. Schulz
Keyword(s):  
Child Protection ◽  
Family Court ◽  
Contested Spaces ◽  
Family Courts ◽  
The Family ◽  
The Media ◽  
The Subject ◽  
Media Discourse Analysis ◽  
Media Discourses ◽  
Insight Into

This article, which is built on media discourse analysis, provides an insight into how public opinion on the work of courts has developed into a discourse of disapproval. The discourse of time is often used to evaluate the work of courts and tends to meet with disapproval when related to sentencing and when the Family Court fails to deliver equal parental access to children. The Family Court is also the subject of discourses of fear within the media, with stories often focusing on child abuse and horror stories of neglect designed to attract and recruit an audience to media outlets. In addition, the discourses facing the Family Court are now firmly tied to time as a major aspect of decision-making. Because of this contested view, child protection may be reduced to a secondary perspective. This paper recommends a change to discourses surrounding courts by all parties in order to facilitate better understanding.

Sign in / Sign up

Export Citation Format

Share Document