Child Custody and Parental Competencies

2019 ◽  
pp. 103-104
Author(s):  
Eileen P. Ryan
Keyword(s):  
Child Custody ◽  
Convincing Evidence ◽  
Parental Rights ◽  
Best Interest ◽  
Parental Preference ◽  
Custody Arrangements

Chapter 12 contains only two cases, Painter v. Bannister and Santosky v. Kramer, but these cases are extremely important in having established the important principles of “best interest of the child” for determining child custody arrangements and terminating parental rights based on “clear and convincing evidence.” The former overturned the idea that parental preference should drive custody decisions and the latter recognized the serious and potentially traumatic effects of removing a child from his/her parents.

Child Custody and Parental Competencies

2014 ◽  
pp. 76-77
Author(s):  
Eileen P. Ryan
Keyword(s):  
Child Custody ◽  
Convincing Evidence ◽  
Parental Rights ◽  
Best Interest ◽  
Parental Preference ◽  
Custody Arrangements

Chapter 12 contains only two cases, Painter v. Bannister and Santosky v. Kramer, but these cases are extremely important in having established the key principles of “best interest of the child” for determining child custody arrangements and terminating parental rights based on “clear and convincing evidence.” The former overturned the idea that parental preference should drive custody decisions, and the latter recognized the serious and potentially traumatic effects of removing a child from his or her parents.

scholarly journals The Inapplicability of Rights Analysis in Post-Divorce Child Custody Decision Making

1969 ◽  
pp. 852 ◽  
Author(s):  
Karen M. Munro
Keyword(s):  
Decision Making ◽  
Child Custody ◽  
Primary Caregiver ◽  
Best Interests ◽  
General Level ◽  
Parental Rights ◽  
Court System ◽  
Men And Women ◽  
Custody Disputes ◽  
Custody Arrangements

It is well understood that in custody battles passions become inflamed and children often become victims of their parents' irrational, selfish behaviour. Within the court system, various concepts have been developed in an attempt to combat this and to achieve custody arrangements that are in the best interests of the children. Munro explores these concepts and reveals that all too often the best interests of the children are sacrificed for the rights of the parents. Indeed, the Charter of Rights and Freedoms has added strength to parental rights arguments within custody battles. Munro challenges those who believe that rights analysis should be used to create equality between parents seeking the custody of their children. She explores the various myths about the differences between men and women as caregivers and concludes that, on a general level, men are biologically capable of being the caregiving parent but refuse to actively take on the role. Ultimately, Munro suggests that the appropriate test to use to determine who should have custody is the Primary Caregiver Test. This test is based on the presumption that the parent who was the primary caregiver during the marriage will he the better caregiver after the marriage and, thus, should be awarded custody of the children. The Primary Caregiver Test, Munro argues, is not only more effective, less time consuming and less costly than other tests, but also acts to preserve the concept of the best interests of the children which must be the pinnacle consideration in all custody disputes.

scholarly journals The Stability Paradox: The Two-Parent Paradigm and the Perpetuation of Violence Against Women in Termination of Parental Rights and Custody Cases

2021 ◽  
pp. 311
Author(s):  
Judith Lewis
Keyword(s):  
Violence Against Women ◽  
Partner Violence ◽  
Nuclear Family ◽  
Parental Rights ◽  
Sexual Offense ◽  
Best Interest ◽  
Termination Of Parental Rights ◽  
The Family ◽  
Women And Children ◽  
The Stability

Despite changing family compositions, entrenched in family law is the antiquated idea that a two-parent household, or its approximation vis-à-vis a shared custody arrangement, promotes stability and integrity and, thus, is in the best interest of the child. Yet, the concept that the two-parent household (or shared involvement of both parents in the child’s life if the parents separate) promotes stability for the family and is best for the child is a dangerous fallacy. When rape or intimate partner violence (IPV) is present, or the re-occurrence of violence remains a threat, the family unit is far from stable. This Article explores the legal system’s glorification of the nuclear family, its resistance to shifting away from the two-parent paradigm, and how this resistance creates a stability paradox and perpetuates violence against women and children. The harmful impact that the nuclear family paradigm has on families is further explored by an examination of the statutory constructs and judicial interpretations of termination of parental rights (TPR) and custody statutes in cases where a child is conceived as a result of rape or exposed to ongoing IPV. Cases are utilized to examine how courts have interpreted parental rights statutes where a child is conceived as a result of rape. Additionally, a hypothetical case is discussed to explore arguments that may be advanced in TPR cases where children are exposed to ongoing IPV. The Article finds that although there are inherent problems in enacting statutes to terminate parental rights in cases involving rape or IPV, legislation is also a necessary tool for survivors. Model legislation is proposed for termination of parental rights in cases where a child is conceived as a result of a sexual offense or when a child is exposed to ongoing IPV.

Putusan Serta Merta dalam Perkara Hadhanah di Pengadilan Agama dalam Rangka Perlindungan Anak

2021 ◽  
Vol 15 (1) ◽  
pp. 67-82
Author(s):  
Asni Asni
Keyword(s):  
Child Custody ◽  
Legal Action ◽  
Best Interest ◽  
Literature Study ◽  
Legal Research ◽  
Normative Approach ◽  
Opposing Party ◽  
Special Strategy

Child custody cases processed in the Religious Court often cause certain problems. Therefore, a special strategy is needed by the judge in resolving child custody cases. This paper describes the opportunities for implementing decisions immediately as one of the strategies that can be taken by judges in resolving child custody cases in the Religious Court. A decision immediately is a decision that can be immediately executed even if the opposing party submits legal action. Methodologically, this study uses normative legal research so that it applies a juridical normative approach. The research was conducted by adapting a literature study combined with interviews with Religious Court judges. The results of the study confirm that a decision immediately is one of the strategies that a judge can take if in a case it is feared that the losing party will make negative efforts that can harm the winning party. However, the most important consideration for the judge in this matter is for the best interest of the child and the realization of the benefit of society.

De-ageing Family Law: Re-engineering the Children-Adults/Parents Machine

Legalities ◽  
2021 ◽  
Vol 1 (2) ◽  
pp. 187-209
Author(s):  
Man-chung Chiu
Keyword(s):  
Hong Kong ◽  
Child Custody ◽  
Family Law ◽  
Best Interests ◽  
Parental Rights ◽  
Power Relationship ◽  
Parental Responsibility ◽  
Children’S Views

Since 2005, the Hong Kong Government has proposed to replace the concept of ‘parental rights’ with ‘parental responsibility’ in the legal machine controlling and regulating child custody in divorce cases. However, it has again reduced ‘children’ to a powerless position, arguing that it can positively protect the ‘best interests’ of children. In this article, the author suggests that only by de-ageing law can the unequal power relationship between children and adults be challenged, and hence, can – and will – children’s views and subjectivity be respected and constituted in family law proceedings.

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.

Narrating Confluent Experiences in a Child Welfare Case

2011 ◽  
Vol 4 (1) ◽  
pp. 59-80
Author(s):  
Christopher R. Latty ◽  
Kathleen Burns-Jager
Keyword(s):  
Decision Making ◽  
Child Abuse ◽  
Foster Care ◽  
Community Context ◽  
Parental Rights ◽  
Young Mother ◽  
Best Interest ◽  
Abuse And Neglect ◽  
Case Worker ◽  
Care Worker

This constructed narrative inquiry illustrates confluent stories of a young mother, Jenny, charged with child abuse and neglect; her foster care case worker, Rachel; and her therapist, Kathleen. As researchers, we discuss the positions of each person: mother, caseworker, therapist through storied fragments representing what is most important in how they came to understand the process of their year-long work together that led to Jenny's releasing her parental rights. Layering interviews and reflexive writings, we focus on decision-making and voice; about what it means to be a parent, a foster care worker, and a therapist in a community context where parent benefit from services and the child's best interest is a privileged societal discourse.

Denied Paternity: Parental Rights and the Guardianship of Infants in Ireland, 1937–1964

2021 ◽  
pp. 036319902110203
Author(s):  
Lorraine Grimes
Keyword(s):  
Child Custody ◽  
Parental Rights ◽  
Mixed Marriage ◽  
Legislative Change ◽  
The Family

This article examines cases of child custody which came before the Irish courts from the introduction of the 1937 Constitution to the Guardianship of Infants Act 1964. It examines ten cases of child custody in the courts from 1937 to 1964 and focuses in particular on the influence of religion in the determination of child custody. It incorporates parental rights for unmarried parents and in cases of “mixed marriage.” It critically analyzes the family under the Irish Constitution and highlights significant cases of child custody during the period which led to legislative change.

Ḥaḍāna Practices in Tunisia: Between Women’s Rights and the Best Interest of the Child, 1956–2019

Hawwa ◽  
2020 ◽  
Vol 18 (2-3) ◽  
pp. 194-225
Author(s):  
Maaike Voorhoeve
Keyword(s):  
Women's Rights ◽  
Child Custody ◽  
Ethnographic Study ◽  
Women’S Rights ◽  
Best Interest ◽  
Judicial Practice ◽  
Rights And Interests ◽  
Over Time

Abstract This article examines how Tunisian judges since independence deal with childcare cases upon divorce. As a legal ethnographic study of ḥaḍāna (child custody) in contemporary Tunisia, this study aims to contribute to the existing literature on judicial practice in Muslim contexts. The article aims to reveal these judges’ understandings of child custody, of women’s and men’s roles in childcare, and of the rights and interests of children and how this understanding developed over time.

Sign in / Sign up

Export Citation Format

Share Document