In the best interest of the family: The emergence of family resource programs

1988 ◽  
Vol 1 (2) ◽  
pp. 46-54 ◽  
Author(s):  
Bernice Weissbour ◽  
Maureen Patrick
Author(s):  
Asha Bajpai

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.


2020 ◽  
Vol 28 (4) ◽  
pp. 715-747
Author(s):  
Clarie Breen ◽  
Jenny Krutzinna ◽  
Katre Luhamaa ◽  
Marit Skivenes

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.


Author(s):  
Judith Lewis

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.


2021 ◽  
Author(s):  
◽  
Dave Evans

<p>The influence of the mass media is a contentious issue, especially in regards to the Golden Age of Mexican Cinema in the mid-twentieth century. These melodramatic films have often been viewed by critics as instruments of hegemony. However, melodrama contains an inherent ambivalence, as it not only has a potential for imparting dominant messages but also offers a platform from which to defy and exceed the restraining boundaries imposed by dominant ideologies. An examination of a number of important Golden Age films, especially focussing on their contradictory tensions and their portrayals of modernity, illustrates this. The Nosotros los pobres series serves as an example of how melodramatic elements are incorporated into popular Mexican films and how melodrama could be used as an ideological tool to encourage the state’s goals. Similarly, the maternal melodrama Cuando los hijos se van uses the family to represent the processes of conflict and negotiation that Mexicans experienced as a result of modernization. Consistent with the reactionary nature of melodrama and its simultaneous suggestive potential, the film combines a Catholic worldview with an underlying allegory of moving forward. The issue of progress is also at the centre of a number of films starring iconic actor Pedro Infante, which offer an avenue for exploring what modernisation might mean for male identity in Mexico. His films show a masculinity in transition and how lower-class men could cope with this change. Likewise, the depiction of women in Golden Age film overall supports the stabilising goals of the 1940s Revolutionary government, while also providing some transgressive figures. Therefore, these films helped the Mexican audience process the sudden modernization of the post-Revolutionary period, which was in the state’s best interest; however, the masses were also able to reconfigure the messages of these films and find their own sense of meaning in them.</p>


Author(s):  
Lee T. Gettler ◽  
Sheina Lew-Levy ◽  
Mallika S. Sarma ◽  
Valchy Miegakanda ◽  
Martha Doxsey ◽  
...  

Children and mothers’ cortisol production in response to family psychosocial conditions, including parenting demands, family resource availability and parental conflict, has been extensively studied in the United States and Europe. Less is known about how such family dynamics relate to family members' cortisol in societies with a strong cultural emphasis on cooperative caregiving. We studied a cumulative indicator of cortisol production, measured from fingernails, among BaYaka forager children (77 samples, n = 48 individuals) and their parents (78 samples, n = 49) in the Congo Basin. Men ranked one another according to locally valued roles for fathers, including providing resources for the family, sharing resources in the community and engaging in less marital conflict. Children had higher cortisol if their parents were ranked as having greater parental conflict, and their fathers were seen as less effective providers and less generous sharers of resources in the community. Children with lower triceps skinfold thickness (an indicator of energetic condition) also had higher cortisol. Parental cortisol was not significantly correlated to men's fathering rankings, including parental conflict. Our results indicate that even in a society in which caregiving is highly cooperative, children's cortisol production was nonetheless correlated to parental conflict as well as variation in locally defined fathering quality. This article is part of the theme issue ‘Multidisciplinary perspectives on social support and maternal–child health’.


2008 ◽  
Vol 24 (1) ◽  
pp. 89-122
Author(s):  
Yehiel S. Kaplan

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.


2019 ◽  
Vol 6 (1-2) ◽  
pp. 67-82
Author(s):  
Seyed Masoud Noori ◽  
Maryamossadat Torabi

In this article, children’s rights will be studied in the Iranian legal system with remarks on its references in the Shia Jurisprudence. One of the main issues regarding children, is their guardianship, custody or tutorship. The Iranian legal system, same as the Shia Jurisprudence, has always kept the best Interest of the child as an essential ground for law making. Referring to court decisions; it is evident that control of the guardianship on the child is limited by the best interests of the child, because this interests is what we are sure to understand from the reason of custody of the child and that this system is designed only to secure child’s best interests since he/she might be incapable to secure his/her interests alone. The Iranian legal system, especially in the family law section is based on the Islamic rules. The main documents in the Shia Jurisprudence in Islam are Quran, Hadith, Consensus and reasoning which will be defined herein. In addition, a more recent review will be made in this study regarding the ratified laws regarding children’s rights and international treaties and conventions while focusing on the Convention on the Rights of the Child even though, Iran joined this convention by having several reservations.


1996 ◽  
Vol 17 (5) ◽  
pp. 293-302 ◽  
Author(s):  
JUDY E. DOKTOR ◽  
JOHN POERTNER

Similar developments in education and social services offer an opportunity for these two systems to come together to better meet the needs of all children and families. both systems are seeking to be inclusive, to decategorize, and to address growing problems and decreasing resources with coordination and collaboration. these movements have joined forces in what is called the “school-linked service movement,” of which the family resource center idea is representative. this article explores this idea by identifying lessons learned in the development of family resource centers in kentucky and discussing policy issues that are essential for both education and social services to address to assure continued development of this movement.


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