Child Custody Decisions: How Legal and Mental Health Professionals View the Concept of ‘Best Interests of the Child’

1987 ◽  
Vol 17 (4) ◽  
pp. 127-130 ◽  
Author(s):  
E.A.A. Lambiase ◽  
J.W. Cumes
Keyword(s):  
Mental Health ◽  
South Africa ◽  
Mental Health Professionals ◽  
Health Professionals ◽  
Child Custody ◽  
Best Interests ◽  
Psychological Literature

Close scrutiny of legal precedents and psychological literature has revealed significant differences in the views of legal and mental health professionals regarding the major criteria used in custody decisions. This article carries the investigation further and considers empirically the responses to the criteria of these two groups of professionals in South Africa. Findings show subtle but significant differences between them, particularly with regard to the ‘child’ dimension of the ‘best interests’ concept. The implications for mental health professionals in their evaluation of custody cases, and in their giving of testimony, are underscored.

Legal and Psychological Criteria for the Determination of Custody in South Africa: A Review

1987 ◽  
Vol 17 (4) ◽  
pp. 119-126 ◽  
Author(s):  
J.W. Cumes ◽  
E.A.A. Lambiase
Keyword(s):  
Mental Health ◽  
South Africa ◽  
Mental Health Professionals ◽  
Health Professionals ◽  
Child Custody ◽  
Legal Professionals ◽  
Psychological Literature

The criteria used respectively by mental health professionals and legal professionals in child custody assessments are reviewed. The review concentrates on case precedents and the psychological literature in an attempt to delineate the major criteria on which custody decisions are based. Differences in assumptions between the two groups of professionals are highlighted.

Issues in Planned and Unplanned Disruptions in Clinical Practice

2017 ◽  
pp. 537-547
Author(s):  
A. Steven Frankel
Keyword(s):  
Mental Health ◽  
Clinical Practice ◽  
Mental Health Professionals ◽  
Health Professionals ◽  
Negative Impact ◽  
Family Members ◽  
Best Interests ◽  
Significant Negative Impact ◽  
Insurance Model

Disruptions in clinical practice that are not adequately planned for can have a significant negative impact on clients, family members, and colleagues. This chapter addresses the problem of unanticipated disruptions in clinical practice due to death, disability, and illness. Challenges associated with each of these situations are illustrated. Proactive and thoughtful ways of preparing for them are presented. Topics include the professional will (with descriptions of needed elements), approaches involving groups of cooperative colleagues, and a “quasi-insurance model” that was developed because many mental health professionals have not embraced the first two approaches. Recommendations for addressing these situations with our clients’ best interests in mind are presented.

“Extraordinary Circumstances” in Custody Contests between Parent and Non-parent

1982 ◽  
Vol 10 (3) ◽  
pp. 351-361
Author(s):  
Aaron N. Hoorwitz
Keyword(s):  
Mental Health ◽  
Mental Health Professionals ◽  
Health Professionals ◽  
Best Interests ◽  
Court Cases ◽  
Family Courts ◽  
Children's Interests

When consulting to juvenile and family courts, many mental health professionals address the question of what is in a child's best interests, making the assumption that the “best interests” test is applicable in all court cases involving children. This assumption is incorrect, resulting in recommendations which are not maximally useful to the court and which do not further the children's interests as much as is possible. The best interests test does not apply in custody contests between parent and non-parent. In these cases, the court must first conclude that a parent has been disqualified in some respect or that “extraordinary circumstances” exist. Only then can the court apply the best interests test. This article suggests how the consultant can make use of these considerations by addressing more specific questions in evaluations, thereby improving the utility of evaluations and furthering the child's interests.

scholarly journals Family murder in post-apartheid South Africa: reflections for mental health professionals

2003 ◽  
Vol 8 (2) ◽  
Author(s):  
M C Marchetti-Mercer
Keyword(s):  
Mental Health ◽  
South Africa ◽  
Mental Health Professionals ◽  
Health Professionals ◽  
Full Text

In the late eighties the phenomenon of family murder was closely linked to Afrikaans-speaking families faced withpolitical change and uncertainty. Opsomming In die laat 1980s het die opvatting ontstaan dat daar ’n noue verband bestaan tussen gesinsmoord en Afrikaansprekende gesinne wat met politieke veranderinge en onsekerheid gekonfronteer word. *Please note: This is a reduced version of the abstract. Please refer to PDF for full text.

Sign in / Sign up

Export Citation Format

Share Document