Child Custody in Jewish Law: From Authority of the Father to the Best Interest of the Child

2008 ◽  
Vol 24 (1) ◽  
pp. 89-122
Author(s):  
Yehiel S. Kaplan
Keyword(s):  
Child Custody ◽  
Jewish Law ◽  
Best Interest ◽  
Stage Of Development ◽  
Parents And Children ◽  
Custody Of Children ◽  
The Family ◽  
Dominant Tendency ◽  
The Relationship ◽  
Explicit Rule

The understanding of Jewish law of the legal rationale of the relationship between parent and child developed gradually. In the first stage, in ancient Jewish law, the dominant tendency was to affirm the authority of the Jewish father over the members of his family. During this period, the idea that parents have a natural responsibility to love their children, care for them and provide for their welfare was less transparent. The main purpose of the rules concerning the relationship between parents and children at this stage was the assertion of the rights and needs of the father of the family.1 Consequently, some of the regulations of ancient Jewish law regarding the relationship between parents and children were not necessarily focused on the best interest of the child and the ideological basis for the legal policy in the sphere of custody in the ancient period was somewhat vague.By contrast, during the second, medieval stage of development of Jewish law on the relationship between parents and children, the ancient supreme principle, of the father's authority over members of his family in all spheres including the sphere of custody of children, was largely replaced by an explicit rule in Jewish law: the best interest of the child is a paramount consideration. Indeed, we could say that the explicit implementation of the principle of best interest of the child in Jewish custody cases is a medieval invention, introduced by Jewish scholars at this period in their child custody verdicts. By contrast to the ancient period, the rules of custody, which had become fully defined at this stage, utilizing this principle, usually favored the mother.

scholarly journals Pravo osoba u potrebi za međunarodnom zaštitom na jedinstvo porodice - neujednačen pristup Evropskog suda za ljudska prava

Eudaimonia ◽  
2021 ◽  
pp. 117-141
Author(s):  
Ljubomir Tintor
Keyword(s):  
International Treaties ◽  
Best Interest ◽  
International Protection ◽  
Family Ties ◽  
Parents And Children ◽  
European Court ◽  
The Family ◽  
The Right ◽  
The Relationship ◽  
Family Unity

The situation of persons in need of international protection often leads to separation of their families for various reasons. The issue of unity of the family of persons in need of international protection was also considered by the European Court of Human Rights. This paper analyzes the inconsistency and unequal approach of the ECtHR in this matter. The paper analyzes how the most important international treaties regulate the right to family unity. Through selected cases in which the ECtHR ruled on the reunification of parents and children and their right to family unity, it will be seen how the ECtHR has inconsistently applied the principle of the best interest of the child. The analysis will point to a non-unified approach of the ECtHR to factors such as the child’s age, strength of the relationship with the country of origin and the receiving country, the strength of family ties between parents and children, when making decisions about family reunification.

Right to Parental Care

2017 ◽  
Author(s):  
Asha Bajpai
Keyword(s):  
Law Reform ◽  
Best Interest ◽  
Family Courts ◽  
Custody Of Children ◽  
The Family ◽  
Shared Parenting ◽  
The Right ◽  
A Minor ◽  
And Control ◽  
Physical Care

Custody refers to the physical care and control of a minor whereas guardianship is a wider term and includes rights and duties with respect to the care and control of minor’s person and property, and includes the right to make decisions relating to the minor. The present legal regime relating to guardianship and custody of children is discussed, including the Guardians and Wards Act, 1890, the Hindu Minority and Guardianship Act, 1956, the personal and matrimonial laws, and relevant provisions in the Family Courts Act and Protection of Women against Domestic Violence Act, 2005. The emerging concepts of shared parenting, joint custody, and the interparental child removal or abduction of child is included. There is review and analysis of some major reported judicial decisions. A comparative survey of international laws and trends has been done. Suggestions for law reform in the best interest of the child have been given.

The Emotional Style of the Modern Parent in the Conditions of the COVID-19 Pandemic

2020 ◽  
Vol 8 (4) ◽  
pp. 32-39
Author(s):  
Veneta Uzunova
Keyword(s):  
Emotional Intelligence ◽  
State Of Emergency ◽  
University Of Wisconsin ◽  
Parents And Children ◽  
The Family ◽  
The Individual ◽  
Emotional Style ◽  
The University ◽  
The Relationship ◽  
Basic Prerequisite

In a pandemic, the child-parent relationship is facing new challenges. Social isolation affects people differently, but a sustainable internal psychological resource allows the individual to get out of the critical period with as little damage as possible. Healthy emotionality is a basic prerequisite for the formation and development of emotional intelligence. The identification of the emotion, the control over the impulse and its expression in a socially acceptable way by the parent - all this is inextricably linked with the process of upbringing in the family and marks the nature of the relationship between parents and children. The study focuses on the study of the emotional style of the modern parent in the context of his interaction with the children in the family. The emotional style questionnaire used by a team from the University of Wisconsin-Madison was used. The survey was conducted among parents of children and students from 3 to 18 years. Conclusions were made regarding the specifics of the emotional style of the parents in the context of the established state of emergency and in connection with pedagogical activities aimed at creating conditions for increasing the emotional intelligence of the respondents with the support of the school.

Workaholism and work engagement in the family: The relationship between parents and children as a risk factor

2013 ◽  
Vol 23 (6) ◽  
pp. 875-883 ◽  
Author(s):  
Luca Kravina ◽  
Alessandra Falco ◽  
Nicola Alberto De Carlo ◽  
Cecilie Schou Andreassen ◽  
Ståle Pallesen
Keyword(s):  
Risk Factor ◽  
Work Engagement ◽  
Parents And Children ◽  
The Family ◽  
The Relationship

The Emotional Style of the Modern Parent in the Conditions of the COVID-19 Pandemic

2020 ◽  
Vol 8 (4) ◽  
pp. 32-39
Author(s):  
Veneta Uzunova
Keyword(s):  
Emotional Intelligence ◽  
State Of Emergency ◽  
University Of Wisconsin ◽  
Parents And Children ◽  
The Family ◽  
The Individual ◽  
Emotional Style ◽  
The University ◽  
The Relationship ◽  
Basic Prerequisite

In a pandemic, the child-parent relationship is facing new challenges. Social isolation affects people differently, but a sustainable internal psychological resource allows the individual to get out of the critical period with as little damage as possible. Healthy emotionality is a basic prerequisite for the formation and development of emotional intelligence. The identification of the emotion, the control over the impulse and its expression in a socially acceptable way by the parent - all this is inextricably linked with the process of upbringing in the family and marks the nature of the relationship between parents and children. The study focuses on the study of the emotional style of the modern parent in the context of his interaction with the children in the family. The emotional style questionnaire used by a team from the University of Wisconsin-Madison was used. The survey was conducted among parents of children and students from 3 to 18 years. Conclusions were made regarding the specifics of the emotional style of the parents in the context of the established state of emergency and in connection with pedagogical activities aimed at creating conditions for increasing the emotional intelligence of the respondents with the support of the school.

University goes to school: approaches and interface between the fields of education and health

2011 ◽  
Vol 5 (4) ◽  
pp. 982
Author(s):  
Rosiane Filipin Rangel ◽  
Regina Gema Santini Costenaro ◽  
Juliana Silveira Colomé ◽  
Silvia Maria de Oliveira Pavão ◽  
Camila Castro Roso ◽  
...  
Keyword(s):  
Health Education ◽  
Science Teachers ◽  
Education And Health ◽  
Parents And Children ◽  
The Family ◽  
Work Health ◽  
Health Education Faculty ◽  
The Relationship ◽  
Santa Maria ◽  
State Schools

ABSTRACTObjective: to promote the interdisciplinary relationship between pedagogical knowledge and the concepts and practices of health education within schools. Method: this is a descriptive exploratory study conducted in state schools in Santa Maria, with participation of 207 teachers. Results: indicate that the relationship between parents and children (49%) is the most discussed topic in the classroom. 24% said that the talks with health professionals have more success, and these are more prepared to work in health education with students, 12% express that the teacher must work  health education in their discipline, 8% delegate the responsibility to science teachers and 2% believe it does not work. Teachers say the issues related to sexuality are far from being unveiled in the family, school and society. Conclusion: it is noted that the curriculum as a means that enables learning in health should address the real problems of life of students at school in a flexible, dynamic, ongoing and interdisciplinary way in collaboration with the various scientific fields. Descriptors: health; education; faculty, interdisciplinary research.RESUMOObjetivo: fomentar a relação interdisciplinar entre os conhecimentos pedagógicos e as noções e práticas de educação para a saúde no interior das escolas. Método: trata-se de um estudo descritivo exploratório, realizado em escolas públicas estaduais de Santa Maria, RS, com participação de 207 professores. O projeto foi aprovado pelo Comitê de Ética e registrado no CEP/UNIFRA: 262.2007.2 e no CONEP: 1246. Resultados: apontam que o relacionamento entre pais e filhos (49%) é o tema mais discutido em sala de aula. 24% afirmam que as palestras com os profissionais da saúde possuem mais êxito, além destes serem mais preparados para trabalhar a educação para a saúde com os alunos; 12% expressa que o professor deve trabalhar a educação para a saúde em sua disciplina, 8% delegam a responsabilidade aos professores de ciências e 2% acreditam que não funciona. Os professores afirmam que as questões relacionadas à sexualidade estão longe de serem desveladas na família, na escola e na sociedade. Conclusão: salienta-se que a organização curricular, como meio que possibilita a aprendizagem em saúde, deve abordar os problemas reais da vida dos alunos na escola de maneira flexível, dinâmica, permanente e de maneira interdisciplinar, em colaboração com as diferentes áreas do conhecimento científico. Descritores: saúde; educação; docentes; pesquisa interdisciplinar.RESUMENObjetivo: promover la relación interdisciplinaria entre el conocimiento y la enseñanza de los conceptos y prácticas de educación para la salud en escuelas. Método: se trata de un estudio descriptivo y exploratorio, realizado en las escuelas públicas de Santa Maria, en el Rio Grande do Sul, con la participación de 207 profesores. Resultados: la relación entre padres e hijos (49%) es el tema más discutido en el sala de aula. El 24% dijo que las conversaciones con los profesionales de la salud tienen más éxito, y estos están más preparados para trabajar en educación para la salud con los estudiantes, el 12% expresa que el maestro debe trabajar para la educación sanitaria en su disciplina, el 8% delega la responsabilidad de los profesores de ciencias y el 2% cree que no funciona. Los profesores dijo que las cuestiones relacionadas con la sexualidad están lejos de ser presentadas en familia, escuela y sociedad. Conclusión: se observa que el plan de estudios como un medio que permite el aprendizaje en materia de salud debe abordar los problemas reales de la vida de los estudiantes en la escuela, de una manera flexible, dinámica, continua e interdisciplinaria, en colaboración con los diferentes campos científicos. Descriptores: salud; educación; docentes; investigación interdisciplinaria.

scholarly journals The Role of Family Education in Facing Millenial Era Through Moral Development in Children

2019 ◽  
Vol 2 (1) ◽  
pp. 283
Author(s):  
Laely Rizki Amalia ◽  
Anggi Setiyaningsih ◽  
Haani Aulia Sabrina ◽  
Joharman Joharman ◽  
Siti Fatimah
Keyword(s):  
Self Control ◽  
Family Education ◽  
Current Generation ◽  
Intensive Supervision ◽  
Parents And Children ◽  
The Family ◽  
Children Education ◽  
Strategic Policies ◽  
The Relationship

<em>Education is a conscious and planned effort to realize the atmosphere and learning process of students so that they can actively develop their potential to have spiritual, religious, self-control, intelligence, noble character, and skills needed by themselves and the community. Given in this millennial era, technology is increasingly sophisticated and advanced. The threat that may not be realized by the current generation is the moral degradation of the nation. The role of the family in educating children in the millennial era takes a very important role in overcoming this, so children need intensive supervision from parents. The family as a foundation for character and character for children. Education and character formation of children can’t be separated from parenting parents. Where the relationship between parents and children can be established properly, so that automatically an agreement occurs in every decision making. The education bureaucracy must be able to focus on strategic policies and be able to create and be able to bridge between the pure values of the nation and existing developments.</em>

scholarly journals Emotional Intelligence and Mental Health in the Family: The Influence of Emotional Intelligence Perceived by Parents and Children

2020 ◽  
Vol 17 (17) ◽  
pp. 6255 ◽  
Author(s):  
María Trinidad Sánchez-Núñez ◽  
Noelia García-Rubio ◽  
Pablo Fernández-Berrocal ◽  
José Miguel Latorre
Keyword(s):  
Mental Health ◽  
Emotional Intelligence ◽  
Family Members ◽  
Mediating Role ◽  
Parents And Children ◽  
The Family ◽  
Family Home ◽  
Mood Scale ◽  
The Relationship

Introduction: The relevant scientific literature has confirmed the relationship between emotional intelligence (EI) and mental health. In addition, previous studies have underlined the importance of perceived EI between family members in the construction of one’s own EI. Adolescence is considered to be a crucial stage in identity construction and a time when mental health is vulnerable. Objectives: To analyze the mediating role of self-reported EI on mental health of adolescents and young adults still living in the family home, we considered the relationship between perceived EI in parents and children. Method: The sample was comprised of 170 children and their respective fathers and mothers living in the same family home. Self-reported EI was evaluated using the Trait Meta-Mood Scale (TMMS-24), whereas perceived EI was evaluated via the Perceived Emotional Intelligence Scale-24 (PTMM-24) and mental health using the MH-5. Results: Parents’ perceived EI of their children also children’s perceived EI of their parents has a direct effect on children’s mental health and an indirect effect through the EI self-reported by children. We discuss the differences in the role of mothers and fathers in emotional education and its influence on the results. Conclusions: We highlight the importance of perceived EI among family members, over and above the self-reported EI of each member, for its predictive power on the mental health of children.

scholarly journals New Developments in Family Ethics: An Introduction

2016 ◽  
Vol 13 (6) ◽  
pp. 641-651
Author(s):  
Monika Betzler ◽  
Jörg Löschke
Keyword(s):  
Moral Philosophy ◽  
Family Relationships ◽  
Theoretical Ground ◽  
New Developments ◽  
Ethical Implications ◽  
Parents And Children ◽  
The Family ◽  
Family Ethics ◽  
Special Relationships ◽  
The Relationship

During the last three decades, moral philosophy has seen an increased interest in the ethics of special relationships. The relationship that has gained the most attention in recent years is the family. While there has been some progress in understanding family relationships and their ethical implications, there is still much theoretical ground to cover. In this special issue of the Journal of Moral Philosophy, we present four papers that discuss new questions concerning the rights and duties that are implied by the relationship between parents and children. These include the question whether persons have a right to parent their biological offspring, or a duty to adopt a child, rather than create one; under which circumstances dependent children owe their parents gratitude for the care they provide; and how family relationships can lead to moral blackmailing and thus to moral exploitation of some of their members.

scholarly journals Interpersonal communication within the family for improving adolescent religiosity

2021 ◽  
Vol 77 (4) ◽  
Author(s):  
Christiana W. Sahertian ◽  
Betty A. Sahertian ◽  
Alfred E. Wajabula
Keyword(s):  
Interpersonal Communication ◽  
Quantitative Methods ◽  
Likert Scale ◽  
Communication Patterns ◽  
National Education ◽  
Adolescent Religiosity ◽  
Parents And Children ◽  
The Family ◽  
Christian Families ◽  
The Relationship

National education is a conscious and planned effort to help children develop their potential be spiritually strong, religious, intelligent, a strong personality and noble character and noble skills. For this reason, education not only focuses on the aspect of children’s knowledge but also on religion and morals aspects. This education begins in the family through communication patterns that are created between parents and children in the form of interpersonal communication that can increase the religiosity of adolescents. Therefore, this article aims to measure the interpersonal communication within the family. The author uses quantitative methods with technical correlation to determine the relationship between two variables, namely interpersonal communication in the family and youth religiosity, and includes 303 adolescents as a sample. The data were collected using a Likert scale and processed using Excel and SPSS 16 programs in order to obtain the results that the application of good interpersonal communication in families will increase adolescent religiosity. This leads to the conclusion ‘there is a mutually influential relationship between interpersonal communication in the family and adolescent religiosity’.Contribution: This article contributes to Christian families in increasing interpersonal communication as a pattern of youth formation, because it can increase their religiosity.

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