Shared parenting and parental involvement in children's schooling following separation and divorce

2010 ◽  
Vol 35 (1) ◽  
pp. 7-13 ◽  
Author(s):  
Thea Brown ◽  
Alison Lundgren ◽  
Lisa-Maree Stevens ◽  
Jennifer Boadle
Keyword(s):  
Parental Involvement ◽  
Research Team ◽  
Family Law ◽  
University Research ◽  
Parental Responsibility ◽  
New Family ◽  
The Family ◽  
Shared Parenting ◽  
Parents Involvement ◽  
Children's Schooling

Although the new family law legislation, the Family Law (Shared Parental Responsibility) Amendment Act of 2006, seeks to implement the notion of ongoing and collaborative parenting of children following parental partnership breakdown, separation and divorce, institutional obstacles still prevent the realisation of this policy. The question then arises: can such a model of separation and divorce be achieved? This question is examined through a discussion of a series of studies undertaken by a Monash University research team investigating parents' involvement in their children's schooling following parental separation and divorce. The research, building on a number of small studies carried out in Western Australia, looked at parents' and teachers' views of schools' ability to relate to separated and divorced parents and the wider difficulty of schools managing this family form.

Children's Rights within the Family – a Croatian View

2009 ◽  
Vol 17 (4) ◽  
pp. 561-583
Author(s):  
Dubravka Hrabar
Keyword(s):  
Legal System ◽  
Family Law ◽  
Children's Rights ◽  
Children’S Rights ◽  
Parental Responsibility ◽  
Crucial Point ◽  
Rights Of The Child ◽  
The Family ◽  
Important Field ◽  
The Many

AbstractSince 1998 children's rights are part of the Croatian legal system, due to the ratification of the UN Convention on the Rights of the Child and their incorporation into family law. Changes to family law that have been made since then deal with the modernization of the legal parent-child relation that aims at mutual parental responsibility and separate children's rights. The crucial point in considering the child's legal and social position is his/her welfare as mentioned clearly in the Family Act. Considering the fact that the family is the natural and most desirable environment for a child, it may be stated that family law is the most important field that embraces the many different needs and rights of all children.

scholarly journals Parental Involvement in Children's Education: Considerations for School Counselors Working with Latino Immigrant Families

2013 ◽  
Vol 16 (3) ◽  
pp. 2156759X1701600 ◽  
Author(s):  
Laura M. Gonzalez ◽  
L. DiAnne Borders ◽  
Erik M. Hines ◽  
Jose A. Villalba ◽  
Alia Henderson
Keyword(s):  
Parental Involvement ◽  
School Counselors ◽  
Immigrant Families ◽  
Culturally Appropriate ◽  
Role Construction ◽  
Latino Family ◽  
The Family ◽  
Latino Immigrant Families ◽  
Latino Immigrant ◽  
Parents Involvement

The Hoover-Dempsey et al. (2005) model of parents’ involvement in their children's schools has recently been applied to Latino immigrant families. This article reviews that literature and then describes culturally appropriate strategies for school counselors to work with this population, focusing on (a) teacher and counselor invitations to the family, (b) parent or partnership-focused role construction, and (c) flexible formats for involvement that respect families with limited time. The article includes a sample Latino Family Night program.

scholarly journals Family and Personal Correlates of Academic Achievement

2001 ◽  
Vol 88 (2) ◽  
pp. 533-547 ◽  
Author(s):  
Francisco-Juan García Bacete ◽  
Jesús Rosel Remírez
Keyword(s):  
Academic Achievement ◽  
Socioeconomic Status ◽  
Academic Performance ◽  
Parental Involvement ◽  
Structural Equations ◽  
Family Socioeconomic Status ◽  
School Activities ◽  
Academic Activities ◽  
The Family ◽  
Parents Involvement

Researchers and educators raise the question of whether pupils' academic performance can be improved through parental involvement in academic activities. The main objective of the following study is to verify whether parental involvement in school activities and family socioeconomic status are associated with children's academic achievement. 150 Spanish seventh grade pupils completed intelligence tests, and their teachers assessed parents' involvement in the school and estimated parents' cultural levels. To measure academic achievement the pupil's overall grade was taken from the Pupils' Final Evaluation Registers. The education and professional level of the mother and father and home size were obtained from the Pupil Personal Register; these variables define the family socioeconomic status. The data, analyzed through application of structural equations, suggest that academic achievement is directly influenced by the cultural level of the family and the child's intelligence but is indirectly influenced by parental involvement in school activities and the socioeconomic status of the child's family.

Freedom of Movement in an ERA of Shared Parenting: The Differences in Judicial Approaches to Relocation

2008 ◽  
Vol 36 (2) ◽  
pp. 145-171 ◽  
Author(s):  
Patrick Parkinson
Keyword(s):  
Family Law ◽  
Primary Caregiver ◽  
The Other ◽  
Central Problem ◽  
Appellate Court ◽  
High Court ◽  
Freedom Of Movement ◽  
Trial Judges ◽  
The Family ◽  
Shared Parenting

In 2006, Parliament made major amendments to the Family Law Act 1975 (Cth) (‘Family Law Act’) to encourage a greater level of shared parenting, and to give greater emphasis to the importance of children maintaining a relationship with both parents in the absence of violence or abuse. There are major differences between trial judges in how to apply the new laws to the problem of parental relocation — where the primary caregiver wants to move a long way from the other. The central problem is determining how much importance should be given to a parent's freedom of movement given this greater emphasis on the involvement of both parents. There are stark differences in the policy and approach of different trial judges, which have yet to be resolved by an authoritative and carefully reasoned decision of an appellate court. This article examines these substantial differences in view between judges on this issue since the 2006 amendments, and proposes a way forward based upon revisiting the leading judgment of Kirby J in the High Court in AMS v AIF.1

scholarly journals A Família e o Reconhecimento de Paternidade Socioafetiva no Ordenamento Jurídico Brasileiro

2021 ◽  
Vol 22 (1) ◽  
pp. 12-18
Author(s):  
Juliana Isabele Gomes Probst ◽  
Vitor Ferreira de Campos
Keyword(s):  
Family Law ◽  
Nuclear Family ◽  
Theory And Practice ◽  
Economic Relations ◽  
New Family ◽  
The Social ◽  
Depth Analysis ◽  
The Family ◽  
Theoretical Conception ◽  
The Subject

ResumoEntre os destaques relacionados ao Direito de Família se encontra, em sua própria titulação, o cerne de todas as discussões dessa decorrentes: a concepção de família. Como uma das ramificações dessa concepção, fruto da nova interpretação sobre o conceito de família, a filiação deixou de ter relação apenas com a consanguinidade, mas adentrou ao âmago das relações sociais de afeto. Compreender a evolução do conceito de família nuclear, suas novas estruturações na contemporaneidade, o conceito de socioafetividade e sua composição no ordenamento jurídico brasileiro é exordio para a apreensão da concepção teórica do Direito de Família em sentido macro, exigindo uma análise aprofundada das transformações decorrentes das vicissitudes do cenário global constituinte das relações e manifestações sociais, geopolíticas e econômicas, bem como um estudo comparado entre teoria e prática. Por meio da pesquisa qualitativa bibliográfica é possível analisar o Direito de Família, sobretudo, no que tange ao reconhecimento de paternidade socioafetiva, tendo por base julgados e legislações contemporâneas, trazendo segurança jurídica na adoção desta prática interpretativa do Direito, que ainda causa dúvidas e controvérsias ideológicas, as quais nos últimos anos têm sido alvo de debates, de reflexões, de avanços e de retrocessos, como todo bom processo de evolução na sociedade. Palavras-chave: Paternidade Socioafetiva. Direito de Família. Conceito de Família. AbstractAmong the highlights related to Family Law, there is in its own title the heart of all discussions arising from it: the family concept. As one of the ramifications of this conception, the result of the new family concept interpretation, affiliation is no longer related only to consanguinity, but has entered the heart of social relationships of affection. Understanding the evolution of the nuclear family concept, its new structures in contemporary times, the socio-affectivity concept and its composition in the Brazilian legal system, is a requirement for understanding the theoretical conception of Family Law in a macro sense, requiring an in-depth analysis of the transformations arising out of the vicissitudes of the global scenario constituting the social, geopolitical and economic relations and manifestations, as well as a comparative study between theory and practice. Through qualitative bibliographic research, it is possible to analyze Family Law, especially regarding the recognition of socio-affective paternity, based on contemporary judgments and legislation, bringing legal certainty in the adoption of this interpretative Law practice, which still causes doubts and ideological controversies, which in recent years has been the subject of debates, reflections, advances and setbacks, like any good evolution process in the society. Keywords: Socio-Affective Fatherhood. Family Right. Family Concept.

scholarly journals DIVORCE REFORM AND FAMILY MEDIATION IN ENGLAND: AN OVERVIEW OF THE RELEVANT PROVISIONS OF THE FAMILY LAW ACT, 1996

2012 ◽  
Vol 17 (2) ◽  
Author(s):  
Nora Abdul Hak ◽  
Norliah Ibrahim
Keyword(s):  
Family Law ◽  
Law Reform ◽  
Family Mediation ◽  
Marriage And Divorce ◽  
New Family ◽  
The Family ◽  
Alternative Means ◽  
The Law ◽  
The Government

The article focuses on the divorce reform in England. In 1996, the Family Law Act was passed by the Parliament in England, which is cited as the Family Law Act, 1996. Unfortunately, after it was passed, there were problems concerning its enforcement and the Government decided to postpone the enforcement of some parts of the Act. Generally, the suspension involves the law concerning the ground of divorce and mediation. Although the overall position of the Act remains uncertain, it is significant to examine it because of its strength in upholding the institution of the family. Under the Act, mediation is introduced as it has many advantages such as resolving disputes amicably and it can reduce backlog of cases in the court. It is hoped that the discussion in this article will benefit Malaysia and hopefully we may learn something from the divorce reform that took place in England. In Malaysia, the current Law Reform (Marriage and Divorce) Act 1976 has been enacted since 1976. Perhaps, we may introduce new family legislation governing non-Muslims and include mediation as an alternative means of resolving family disputes.

scholarly journals Conjugalidades Simultâneas na Jurisprudência do Tribunal de Justiça de Santa Catarina depois da Emenda Constitucional Nº 66/2010

2014 ◽  
Vol 9 (1) ◽  
Author(s):  
André Soares Oliveira ◽  
Pedro Francisco Mosimann Da Silva ◽  
Guilherme De Melo Rossini
Keyword(s):  
Family Law ◽  
Case Law ◽  
Good Faith ◽  
Pursuit Of Happiness ◽  
Santa Catarina ◽  
New Family ◽  
Brazilian Legislation ◽  
Court Of Justice ◽  
The Family ◽  
Legal Position

CONJUGALIDADES SIMULTÂNEAS NA JURISPRUDÊNCIA DO TRIBUNAL DE JUSTIÇA DE SANTA CATARINA DEPOIS DA EMENDA CONSTITUCIONAL Nº66/2010. SIMOULTANEOUS CONJUGALITIES IN JURISPRUDENCE OF THE COURT OF JUSTICE OF SANTA CATARINA AFTER CONSTITUTIONAL AMMENDEMENT 66/2010 André Soares OliveiraPedro Francisco Mosimann da SilvaGuilherme de Melo RossiniRESUMO: O direito das famílias contemporâneo busca proteger os diversos arranjos familiares, tendo em vista a busca pela felicidade na família e a proteção da dignidade de seus membros. A legislação brasileira ainda impõe barreiras a determinados arranjos familiares, em especial as famílias oriundas de conjugalidades simultâneas. A presente investigação procurou demonstrar como o novo direito das famílias equaciona a realidade das conjugalidades simultâneas. Procedeu-se uma pesquisa bibliográfica em cotejo com análise jurisprudencial, tendo-se elegido o Tribunal de Justiça de Santa Catarina. O resultado foi que o posicionamento legalista de rejeitar a simultaneidade ainda reverbera na jurisprudência. Contudo, os novos posicionamentos, que valorando o elemento da boa-fé, reconhecem a conjugalidade simultânea e estendem a elas a proteção do direito das famílias também estão presentes na jurisprudência do tribunal analisado.  PALAVRAS-CHAVE: Monogamia; Conjugalidades Simultâneas; Jurisprudência. ABSTRACT: The contemporary Family Law seeks to protect the various family arrangements, with a view to the pursuit of happiness in the family and the protection of the dignity of its members. The Brazilian legislation still imposes barriers to certain family arrangements, especially families from simultaneous conjugalities. This research intended to demonstrate how the new family law deals with simultaneous conjugalities. A bibliographic research was performed along with a case law analysis of the Court of Justice of Santa Catarina. The result was that the legal position that rejects simultaneity still resounds on the case law. Notwithstanding, new understandings that promote good faith and recognize the simultaneous conjugalities, giving them the protection of the Family Law, also appear on the case law of the analyzed Court. KEYWORDS: Monogamy; Simultaneous Conjugalities; Case Law. SUMÁRIO: Introdução 1. Monogamia e a formação de famílias paralelas. 1.1 Monogamia e o dever da fidelidade. 1.2 A tutela jurídica das famílias oriundas de conjugalidades simultâneas. 2. A jurisprudência do Tribunal de Justiça de Santa Catarina depois da EC nº66/2011. Considerações finais. Referências. 

Family Law

2018 ◽  
Keyword(s):  
Family Life ◽  
Child Support ◽  
Family Law ◽  
Public Law ◽  
Marital Relationships ◽  
Critical Examination ◽  
Parental Responsibility ◽  
The Family ◽  
The Subject ◽  
Domestic Violence And Abuse

Family Law offers a contextual and critical examination of the subject. Topics include: family life and the law; marriage, civil partnership, and cohabitation; seeking a divorce; and property division on divorce. It also examines property division on the breakdown of non-marital relationships; child support; domestic violence and abuse; and legal parenthood and parental responsibility. It moves on to look at private child law, the medical treatment of children, public law protection, adoption; and human rights, children's rights, and the family. Finally, it considers international family law and family law in practice.

Secondary Victimization: Domestic Violence Survivors Navigating the Family Law System

2016 ◽  
Vol 23 (11) ◽  
pp. 1314-1335 ◽  
Author(s):  
Lesley Laing
Keyword(s):  
Domestic Violence ◽  
Family Law ◽  
Parental Alienation ◽  
Secondary Victimization ◽  
Law System ◽  
Child Relationship ◽  
Australian Family ◽  
The Family ◽  
Shared Parenting ◽  
Domestic Violence Survivors

This qualitative study explored the experiences of 22 domestic violence survivors attempting to negotiate safe post-separation parenting arrangements through the Australian family law system. Their allegations of violence put them at odds with a system that values mediated settlements and shared parenting. Skeptical responses, accusations of parental alienation, and pressure to agree to unsafe arrangements exacerbated the effects of post-separation violence. Core themes in the women’s narratives of engagement with the family law system—silencing, control, and undermining the mother–child relationship—mirrored domestic violence dynamics, suggesting the concept of secondary victimization as a useful lens for understanding their experiences.

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