scholarly journals "Child Divorce": A Break from Parental Responsibilities and Rights Due to the Traditional Socio-Cultural Practices and Beliefs of the Parents

2017 ◽  
Vol 15 (1) ◽  
pp. 176
Author(s):  
Mildred Bekink
Keyword(s):  
Cultural Beliefs ◽  
Children's Rights ◽  
Cultural Practice ◽  
Children’S Rights ◽  
Best Interests ◽  
Specific Reference ◽  
Parent Child Relationship ◽  
Child Relationship ◽  
The Family ◽  
Parent Child

In a recent ground-breaking case the South African courts were for the first time requested to use their discretion to interfere in the parent-child relationship due to the traditional socio-cultural beliefs of the parents. In what has been described as "every parent's nightmare; the fancy of many teenagers", a 16 year-old schoolgirl from Milerton in the Western Cape asked to be "freed" from her parents to live semi-independently from them because of her unhappiness with the conservative manner in which her parents treated her. After considering the matter the judge assigned to the case granted her request to live semi-independently with a school friend and her family (called by the judge the host family) until she reaches the age of 18 (her majority). Her parents were accorded permission to have limited contact with her. This case represents an example of the difficulties involved when balancing the rights of a teenager against those of the parents in matters of socio-cultural practice and belief. In a multi-cultural society such as South Africa the case raises numerous serious questions for other families. For instance, what standards will a court use to determine if parents are too conservative in bringing up their children and what factors will be taken into account? How much freedom and autonomy should children be given? How will courts prevent children from misusing the system just to get what their friends have, and - the ultimate question - are the rights of children superior to the traditional rights of parents in matters of socio-cultural practice, with specific reference to their upbringing? In this context it is the aim of this contribution to focus primarily on the questions asked above. Possible solutions for striking a balance between the rights of children and their parents are explored. The submission is made that the best interests principle is still the most important factor to be taken into account when balancing or weighing competing rights and interests concerning children. The principle of the best interests of the child, the founding principle of children's rights, however, is anchored in the family, and any break between the two should be carefully considered. It is concluded that in an attempt to resolve disputes between parents and their children the relevant provisions of the Constitution and the Children's Act must be considered and must be balanced and tested in relation to each other for constitutional consistency and compliance. It is also submitted that caution should be taken by the legislative framework not to encourage children to break the parent-child relationship on a mere whim, as an overemphasis of children's rights might result in the dilution of the sense of the value of the family in society.

9. The Legal Position of Children

2015 ◽  
pp. 296-329
Author(s):  
N V Lowe ◽  
G Douglas
Keyword(s):  
Legal Status ◽  
Parent Child Relationship ◽  
Child Relationship ◽  
The Family ◽  
Legal Position ◽  
The Law ◽  
Parent Child

This chapter discusses the legal position of children. It first considers the relatively simple issues of who the law regards as a child and the meaning of ‘child of the family’. It then discusses the child's legal status; the changing nature of the parent-child relationship; and the still developing notion of the child's independent or autonomy rights.

scholarly journals The Principle of Protecting the Best Interests of the Child in Shia Jurisprudence and Iran’s Legal System with Emphasis on Custody (New Understanding of a Traditional Legal Concept)

2019 ◽  
Vol 6 (1-2) ◽  
pp. 67-82
Author(s):  
Seyed Masoud Noori ◽  
Maryamossadat Torabi
Keyword(s):  
Legal System ◽  
Children's Rights ◽  
Children’S Rights ◽  
Best Interests ◽  
International Treaties ◽  
Best Interest ◽  
Legal Concept ◽  
Rights Of The Child ◽  
The Family ◽  
Made In

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.

scholarly journals Developmental trajectory from early responses to transgressions to future antisocial behavior: Evidence for the role of the parent–child relationship from two longitudinal studies

2013 ◽  
Vol 26 (1) ◽  
pp. 93-109 ◽  
Author(s):  
Sanghag Kim ◽  
Grazyna Kochanska ◽  
Lea J. Boldt ◽  
Jamie Koenig Nordling ◽  
Jessica J. O'Bleness
Keyword(s):  
Antisocial Behavior ◽  
Low Income ◽  
Externalizing Behavior ◽  
Family Study ◽  
Developmental Trajectory ◽  
Parent Child Relationship ◽  
Child Relationship ◽  
The Family ◽  
Early Relationships ◽  
Parent Child

AbstractParent–child relationships are critical in development, but much remains to be learned about the mechanisms of their impact. We examined the early parent–child relationship as a moderator of the developmental trajectory from children's affective and behavioral responses to transgressions to future antisocial, externalizing behavior problems in the Family Study (102 community mothers, fathers, and infants, followed through age 8) and the Play Study (186 low-income, diverse mothers and toddlers, followed for 10 months). The relationship quality was indexed by attachment security in the Family Study and maternal responsiveness in the Play Study. Responses to transgressions (tense discomfort and reparation) were observed in laboratory mishaps wherein children believed they had damaged a valued object. Antisocial outcomes were rated by parents. In both studies, early relationships moderated the future developmental trajectory: diminished tense discomfort predicted more antisocial outcomes, but only in insecure or unresponsive relationships. That risk was defused in secure or responsive relationships. Moderated mediation analyses in the Family Study indicated that the links between diminished tense discomfort and future antisocial behavior in insecure parent–child dyads were mediated by stronger discipline pressure from parents. By indirectly influencing future developmental sequelae, early relationships may increase or decrease the probability that the parent–child dyad will embark on a path toward antisocial outcomes.

Mentoring At-Risk Latino Children and Their Parents: Analysis of the Parent–Child Relationship and Family Strength

2002 ◽  
Vol 83 (3) ◽  
pp. 285-292 ◽  
Author(s):  
Theresa Barron-McKeagney ◽  
Jane D. Woody ◽  
Henry J. D'Souza
Keyword(s):  
At Risk ◽  
Parent Education ◽  
Mentoring Programs ◽  
Future Research ◽  
Latino Children ◽  
Parent Child Relationship ◽  
Family Strength ◽  
Child Relationship ◽  
The Family ◽  
Parent Child

The Family Mentoring Program (FMP), which provided approximately 1 year of mentoring for at-risk, 10-year-old Latino children and their parents, offered individual mentoring, group educational sessions for children and parents, and group social/recreational activities. This study examined mothers' perceptions of the parent–child relationship and of family strength as measured by the Parent–Child Relationship Inventory (PCRI) and the Family Hardiness Index (FHI). Analysis focused on factors expected to contribute to variance in the outcome measures. Regression results indicated that involvement in parent group education predicted higher scores on the Support and Communication measures. Compared to the standardized samples used in the development of these measures, mothers, at the beginning of the program, scored lower on six of seven PCRI subscales and on the FHI. By the end of the program, mothers' scores on Support and Limit Setting had improved, no longer differing from the standardized norms. The overall findings suggest that parents of children in mentoring programs need services and parent education and that they can benefit from these. Future research should focus on careful design and evaluation of multifaceted mentoring programs that include parents.

scholarly journals THE FAMILY WELL-BEING: A DYADIC ANALYSIS OF PARENT-CHILD RELATIONSHIP QUALITY

2020 ◽  
Vol 13 (1) ◽  
pp. 221-239
Author(s):  
Yohanes Budiarto ◽  
Fransisca Iriani Roesmala Dewi ◽  
Rahmah Hastuti
Keyword(s):  
Relationship Quality ◽  
Short Form ◽  
Well Being ◽  
Equation Modeling ◽  
Dyadic Analysis ◽  
Parent Child Relationship ◽  
Child Relationship ◽  
The Family ◽  
Dyadic Relations ◽  
Parent Child

The family's emotional psychological and social well-being is influenced by how parent-child relations quality is perceived by each other, both of the child and father, as well as the child and the mother. This study focused on the dyadic analysis of parent-child quality relationships prediction on the emotional, psychological, and social well-being of the family members in Indonesia. The study involved 230 dyads comprised of fathers, mothers, and children who completed the Revised Parent-Child Interaction Questionnaire measuring the parent-child relationship quality and the Mental Health Continuum Short Form (MHC-SF) to measure family well-being. Adopting the actor–partner interdependence model (APIM) and structural equation modeling (SEM) as the statistics technique, the results showed that in general, no partner’s effect was found. To be specific, dyadic relations between father and child showed an actor’s effect influencing their well-being. On the other hand, the dyadic relations between child and mother showed neither the actor’s effect nor the partner’s effect on their well-being. The study highlights the vital role of fathers and adolescents in their own well-being.

Is joint physical custody in the best interests of the child? Parent–child relationships and custodial arrangements

2019 ◽  
Vol 36 (11-12) ◽  
pp. 3752-3772
Author(s):  
Kim Bastaits ◽  
Inge Pasteels
Keyword(s):  
Best Interests ◽  
Parent Child Relationship ◽  
Data Set ◽  
Child Relationship ◽  
Sole Custody ◽  
Joint Physical Custody ◽  
Parent Child Relationships ◽  
Maternal Custody ◽  
Physical Custody ◽  
Parent Child

When thinking about custodial arrangements after a divorce, there has been a shift from sole custody (mainly by mothers) to joint physical custody after a divorce. In certain countries, joint physical custody has even become the primary, legal custodial arrangement. Joint physical custody, whether implemented in legislation or not, is believed to be in the best interests of the child, as children can shape a postdivorce relationship with both their mother and father. Nevertheless, many studies on joint physical custody focus only on child outcomes. This study aims to investigate (1) whether custodial arrangements matter in addition to the parental divorce for parent–child relationships and (2) whether joint physical custody provides a better framework for parent–child relationships than sole custody arrangements. The study adds to the existing literature by including both the mother–child relationship and the father–child relationship. Moreover, joint physical custody is not only compared to sole maternal custody, but also to sole paternal custody. Using a dyadic subsample of Belgian parents and children from the Divorce in Flanders data set ( N = 623), we compare two indicators of the parent–child relationship (parent–child communication and parenting) for children with married parents, with children in joint physical custody, sole maternal custody, and sole paternal custody. The results indicate that (1) the custodial arrangements after divorce affect parent–child relationships, in addition to the divorce, with regard to both open and problematic father–child communications and the support and control of children by mothers and fathers; and (2) joint physical custody, compared with sole custody (either by the mother or father), provides a better framework to shape a postdivorce parent–child relationship with both parents in terms of open communications and support.

The antecedents and consequences of disorganised attachment and dissociation

2021 ◽  
Vol 15 (2) ◽  
pp. 181-197
Author(s):  
Pamela Alexander
Keyword(s):  
Case Studies ◽  
Social Contexts ◽  
Social Conditions ◽  
Parent Child Relationship ◽  
Dissociative Symptoms ◽  
Child Relationship ◽  
The Family ◽  
Antecedents And Consequences ◽  
Role Confusion ◽  
Parent Child

Attachment researchers theorise that the primary antecedent of dissociation is disorganised attachment. However, the family and social contexts of this parent–child relationship are frequently ignored even though they play an important role in determining whether the unresolved attachment of the parent actually leads to the role confusion characteristic of disorganised attachment and dissociation in the child. This article will address first how the dynamics leading to disorganised attachment and dissociation are dependent on the larger family and social contexts; and second how both unresolved attachment and dissociation in the adolescent or adult are often maintained through the choice of a partner, the dissociative symptoms themselves and other social conditions to which these individuals are frequently exposed. Two case studies will illustrate this thesis. Finally, implications for treatment will be explored.

The Trust Model of Children’s Rights

2020 ◽  
Vol 7 (2) ◽  
pp. 219-237
Author(s):  
Kenneth R. Pike
Keyword(s):  
Common Law ◽  
Parental Control ◽  
Children's Rights ◽  
Trust Model ◽  
Children’S Rights ◽  
Parent Child Relationship ◽  
Structural Resemblance ◽  
Child Relationship ◽  
Children And Parents ◽  
Moral Relationship

AbstractIs parental control over children best understood in terms of trusteeship or similar fiduciary obligations? This essay contemplates the elements of legal trusts and fiduciarity as they might relate to the moral relationship between children and parents. Though many accounts of upbringing advocate parent-child relationship models with structural resemblance to trust-like relationships, it is unclear who grants moral trusts, how trustees are actually selected, or how to identify proper beneficiaries. By considering these and other classical elements of relationships of trust, this essay seeks to clarify and explore the trust model’s role, if any, in understanding children’s rights. Such exploration raises the possibility that another element of common law, the duty to rescue, may serve to enhance the trust model of children’s rights.

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