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.

scholarly journals Family Courts in Pakistan:

2020 ◽  
Vol 38 (- 2) ◽  
Author(s):  
Hafiz Muhammad Siddique ◽  
Syed Naeem Badshah
Keyword(s):  
Family Law ◽  
Legal Protection ◽  
Best Interest ◽  
Family Courts ◽  
Procedure Code ◽  
Family Issues ◽  
Custody Of Children ◽  
The Family ◽  
Women And Children ◽  
Civil Courts

Family law in Pakistan underwent a fundamental change when the Family Courts Act, 1964 was enacted and family matters were entrusted to family courts instead of ordinary civil courts. Since then, family courts have been administering family law to provide ‘better remedies’ to women and children. This paper aims to highlight the objectives of enacting Family Courts Act 1964 and how does it regulate its own proceedings under the judicial structure. It is significant to examine that the provisions of (Civil Procedure Code, 1908) CPC are generally not applicable to the trials before family courts, however usually proceedings are more or less the same; yet, family courts have special powers to discover the possibilities of amicable settlement of family disputes. This paper investigates various procedures in several family issues like a suit for maintenance, dissolution of marriage, a suit for dower and other dowry articles, inheritance and custody of children. It also interrogates that how far the objectives of the said law are achieved? I also argue that there is a dire need of establishing family courts separately like other administrative tribunals as the spirit of the law demands. This research mainly emphasizes that the environment of the courts should be segregated for the decorum of the families whose domestic disputes are usually exposed publically that I cite as a great reason for not accessing legal protection in Pakistani society. The paper also stresses that the milieu of the courts should also be affable for the visit of the child for the best interest and welfare of children and women.

scholarly journals Family Life for Children in State Care

2020 ◽  
Vol 28 (4) ◽  
pp. 715-747
Author(s):  
Clarie Breen ◽  
Jenny Krutzinna ◽  
Katre Luhamaa ◽  
Marit Skivenes
Keyword(s):  
Family Life ◽  
Foster Parents ◽  
Limited Extent ◽  
Best Interest ◽  
Family Unit ◽  
Theoretical Literature ◽  
Biological Parents ◽  
The Family ◽  
The Status ◽  
The Right

Abstract This paper examines what set of familial circumstances allow for the justifiable interference with the right to respect for family life under Article 8, echr. We analyse all the Courts’ judgments on adoptions from care to find out what the Court means by a “family unit” and the “child´s best interest”. Our analysis show that the status and respect of the child’s de facto family life is changing. This resonates with a view that children do not only have formal rights, but that they are recognised as individuals within the family unit that states and courts must address directly. Family is both biological parents and child relationships, as well between children and foster parents, and to a more limited extent between siblings themselves. The Court’s understanding of family is in line with the theoretical literature, wherein the concept of family reflects the bonds created by personal, caring relationships and activities.

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.

Active Control of Heading and Depth

Perception ◽  
1997 ◽  
Vol 26 (1_suppl) ◽  
pp. 334-334
Author(s):  
S K Rushton ◽  
J M Harris
Keyword(s):  
Time Course ◽  
Performance Measure ◽  
Depth Information ◽  
Depth Order ◽  
Active Steering ◽  
Heading Direction ◽  
Depth Cue ◽  
The Right ◽  
A Minor ◽  
And Control

The addition of depth information has been reported to improve performance on a locomotor heading judgement task in a cloud of dots. Van den Berg and Brenner [1994 Nature (London)371 700 – 702] used stereoscopic disparity as a depth cue. Coding dots with disparity provides both cues for depth order and for identity between successive frames (each dot may be disambiguated from its 2-D neighbours by its 3-D position). Here, we attempted to determine the relative importance of depth and identity, by dissociating disparity-depth and disparity-identity. We employed an active steering task that dissociates gaze and heading direction. Participants underwent simulated (18 Hz) locomotion through a cloud (100 dots, lifetime 440 ms) at 2 m s−1 for 8 s from an initial trajectory 15 deg (±20%) to the left or to the right of a target tower. Heading was adjusted with a joystick and simulated gaze was continuously computer adjusted so as to keep the tower centred on the projected display (20 deg horizontal). Mean unsigned heading error (gaze-heading angle) over the time course provided a performance measure. Four types of stimuli were used: (i) veridical disparity depth; (ii) non-veridical disparity (disparity and associated motion-in-depth was randomly assigned to each point in the display); (iii) the left half image of the previous condition to both eyes; (iv) synoptic images (no disparity). No marked advantage was observed when the display contained veridical disparity, and non-veridical disparity produced only a minor impairment in performance in a subset of conditions. We suggest that depth information per se may not be utilised in the perception and control of heading.

scholarly journals DOMESTIC VIOLENCE AS AN OBJECT OF CRIMINAL LAW INVESTIGATION

2020 ◽  
Vol 73 (4) ◽  
pp. 103-111
Author(s):  
Yuriy Sluhayenko ◽  
Keyword(s):  
Domestic Violence ◽  
Information Society ◽  
Economic Conditions ◽  
Apartment House ◽  
Criminal Offense ◽  
Criminal Offenses ◽  
The Family ◽  
Degrading Treatment ◽  
The Right ◽  
A Minor

The article examines the phenomenon of «domestic violence», which is a social phenomenon that has deep historical roots associated with the legal consolidation of the subordinate position of man. Approaches to the term «domestic violence» are clarified and evaluated. Domestic violence is a serious violation of human rights that the state must uphold and protect. Among them are the right to life and physical integrity; the right not to be subjected to abuse or cruel, inhuman or degrading treatment; the right to freedom from discrimination on grounds of sex; the right to healthy and safe development, etc. Ukraine has ratified a number of international legal instruments, thus committing itself to protecting people from violence, including domestic violence. The term domestic violence first began to be used in the early 1970s to define violence against men and insults against women. The key to investigating domestic violence is to find out that it is not a single beating or an accidental incident - although such things can happen and will, of course, be considered a criminal offense. Domestic violence is constant violence and insults. This is a situation in which the victim is constantly affected, sharing housing with the aggressor, being dependent on him and even, perhaps, having a sense of love for him. Domestic violence is a product of family and personal conflicts. It was stated that the scope of coverage of domestic violence has significantly expanded in the era of the so-called modern information society, which is accompanied by a more tolerant attitude of the population to the facts of domestic violence and criminal offenses in general. Researchers’ views on the concept of domestic violence were analyzed, which determined its types (physical, sexual, threat of violence, economic, psychological, non-fulfillment or improper fulfillment of responsibilities for raising a minor child) and form (criminal and non-criminal). Due to the fact that the breakup of the family and difficult economic conditions entail the possibility of living within one apartment (house) already divorced spouses and their relatives, it is necessary to recognize as potential participants in domestic violence all persons living in one apartment (house) in family or other relationships.

The silent minority: The voice of the child in family law

2003 ◽  
Vol 28 (4) ◽  
pp. 31-38 ◽  
Author(s):  
Amanda Shea Hart
Keyword(s):  
Family Relationships ◽  
Family Law ◽  
Well Being ◽  
Best Interests ◽  
Law Reform ◽  
Value Judgments ◽  
Rights Of The Child ◽  
The Family ◽  
The Right ◽  
The Voice

Family law in Australia is an important and unique jurisdiction that directly impacts upon the well-being and future family relationships of children whose families are in dispute over post separation parenting arrangements. The United Nations Convention on the Rights of the Child states that children have the right to participate in decisions that directly affect them. But there are many barriers and tensions to children's participation in the jurisdiction of family law in Australia. Decisions said to be in the child's ‘best interests’ are influenced by value judgments and beliefs that are informed by dominant western discourses on the needs and competencies of children. In practice under the Family Law Reform Act 1995 children remain marginalised without an effective voice. Failure to hear the voice of the child is of special concern for children who have been traumatised by exposure to family violence and ongoing conflict. It is important to develop new understandings about children and the importance of giving children a voice.

Principles of foster care as the basics for the functioning of its system. Catalog, characteristics and meaning

2020 ◽  
Vol 591 (6) ◽  
pp. 12-24
Author(s):  
Beata Krajewska
Keyword(s):  
Foster Care ◽  
Institutional Care ◽  
Court Decision ◽  
Place Of Residence ◽  
The Family ◽  
Welfare Of The Child ◽  
The Subject ◽  
The Right ◽  
A Minor

The subject of investigation in this study has been made the principles of foster care with the necessary and concise presentation of the assumptions and solutions of foster care as such. The principles of foster care have been collected and described, which constitute a kind of catalog necessary to include in practice foster care to the fullest extent possible. These are the following principles: the welfare of the child and the family covered by foster care, subsidiarity of foster care, temporary foster care, priority of foster care over institutional care, the use of foster care on the basis of a court decision, hearing a child placed in foster care, placing a child in foster care as close as possible to his current place of residence, the right of a child in foster care to contacts with parents and other relatives, not separating siblings in foster care, not separating a minor mother in foster care and her child.

The Family Court of Australia: A Triumph or Disaster?

1988 ◽  
Vol 13 (4) ◽  
pp. 9-11
Author(s):  
J. Neville Turner
Keyword(s):  
Family Court ◽  
Law Reform ◽  
Royal Commission ◽  
Radical Reform ◽  
Family Courts ◽  
Divorce Laws ◽  
The Family ◽  
The Law ◽  
Set Up ◽  
Law Commission

The Family Court was introduced in Australia in 1976, almost by legislative legerdemain. There had been little debate about it beforehand. There was no Royal Commission, no Law Reform Report. There was little public agitation or debate about its merits. It was suddenly upon us, as part and parcel of the reform of the divorce laws.How this differs from the position in other countries! In England, the Law Commission invited submissions on Family Courts as early as 1970. The Finer Committee in 1974 strongly recommended them! Numerous commentators since have advocated them in one form or another. The debate continues! But none has yet been set up! France and Germany have established tribunals loosely akin to our Family Court. But they are pallid imitations only. Other countries have tried some experiments. But I know of no country, save possibly Japan, that has established such a radical reform as Australia.

scholarly journals The Israeli Law’s Attitude Towards Minors’ Rights of Participation in Making Decisions Relating to Them

1970 ◽  
pp. 425-466
Author(s):  
Rita K Khawaly-Esawi
Keyword(s):  
United Nations ◽  
Best Interest ◽  
Legal Guardian ◽  
Legal Proceedings ◽  
Rights Of The Child ◽  
United Nations Convention ◽  
The United Nations ◽  
The Right ◽  
A Minor

The purpose of the paper is to examine the attitude of Israeli law towards minors’ participation in making decisions relating to them. This right is expressed in the United Nations Convention on the Rights of the Child which has turned into an international document approved by nations all over the world. The minor’s right to participate in decisions relating to him is enshrined in Section 12 of the United Nations Convention on the Rights of the Child. It is possible to see that the convention recognized the dignity of the person and the human rights of the minor. However, it is willing to grant rights to minors taking into consideration their age and their different stages of development. Sometimes parents focus mainly on their own interest and rights, and thus find it hard to faithfully determine their children’s rights and protect their best interest. If a minor does not have the right to participate in legal proceedings relating to him, he might get hurt. The view which accepts the notion of independent representation of a minor stems from the concept that a minor has rights like adults, and those rights include one to independent representation. Such a right can be practiced when the minor himself, his guardian or lawyer, represents his interests independently from his parents. Israeli law generally does not provide minors with independent rights such as the right to be a part of decision making. However, it does provide minors with rights in specific cases which might be seen as necessary, and there is still considerable space for the personal worldview of the judge. In addition, Israeli law is yet to adequately define the exact role of the legal guardian representing a minor and his methods of operation, and nowadays this duty depends on the personality of a legal guardian and his approach to this duty.

scholarly journals 病人自主決定與醫療行善

1999 ◽  
Vol 2 (2) ◽  
pp. 83-93
Author(s):  
Hong CUI
Keyword(s):  
Self Determination ◽  
Chinese Patients ◽  
Value Conflict ◽  
Best Interest ◽  
Patients Rights ◽  
The Family ◽  
Fundamental Value ◽  
The Right ◽  
Chinese Physicians

LANGUAGE NOTE | Document text in Chinese; abstract also in English.通過對“喉梗阻”患兒案例的分析和感受，本文試圖分別從醫生、患者和哲學研究者的角度進行較客觀的思考。從醫生的角皮看：“自主決定”和醫療行善存在矛盾，削弱了醫生的“自主”決定，醫生的角色是單純的醫療技術掌握者還是用此技術全心全意為病人服務的行善者？從患者的角度看：患者是否都有“自主決定”的能力？若醫生只是單純的醫療技術的掌握者，與患者無情感的溝通，患者在醫院是否有心理上的安全感？從思考者的角度看：在前面論述的基礎上，提出了“善”是相對的，“自主”是適度的，任何絕對的病人自主和醫生自主都行不通。總之，醫療行善，不能拘泥於某一形式。It is important to respect for patients' rights. The patient should be informed of medical interference and the physician must obtain the patient's consent to perform serious treatment. This is a sense of patients' self-determination in contemporary medical practice. This paper argues that, granted its importance, patients' self-determination should not be given unique emphasis independent of physicians' medical beneficence.The paper considers this issue from both Chinese physicians' and patients' perspectives. First, from the physician's perspective, the role of the physician as a professional ought not to be overlooked. Should the physician play a role no more than that of an ordinary salesman by displaying everything for the customer to choose? Traditionally Chinese medicine has always insisted that the physician should do more than. Having studied both human and technical values, the physician should play an active function to help the patient make the right decision. He should not passively follow whatever the patient chooses on the excuse of respecting for the patient's self-determination.Instead, being physician, he is naturally determined to do medical beneficence toward the patient. Of course, there may be fundamental value conflicts between the patient and the physician. For instance, they may believe in different religions. This difference may sometimes lead the patient to want or refuse something that the physician takes to be against the patient's interest. In such cases the physician and patient may best respect each other's fundamental values. However, most medical cases are unlike this. They don't involve any fundamental value conflict. The physician should do his best to persuade the patient to make the right decision, rather than passively to accept whatever the patients chooses.Moreover, Chinese patients' perspective also supports physicians' beneficence. The patient would say this. Look, the physician has been trained specially in their work. Technically they should know better regarding what the patient should do. Being sick is a weak time in the patient's life. The patient does not want to confront it lonely. On the one hand, the patient wants the family to take care of her and take the burden of making the decision in her best interest. On the other hand, the patient wants the physician to help the family in this difficult process of decision making. It is not appropriate for the physician to play a role of salesman and leaves everything in my hands. This is against the nature of physicians as the beneficent healers.In short, both Chinese physicians' and patients' perspectives support the combination of patients' determination and physicians' beneficence. It is inappropriate simply to stress the importance of patients' rights or self-determination without giving significant weight to the role of medical beneficence that physicians should play in medical practice.DOWNLOAD HISTORY | This article has been downloaded 17 times in Digital Commons before migrating into this platform.

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