scholarly journals Ensuring the interests of children in cases of deprivation of parental rights

2021 ◽  
pp. 103-117
Author(s):  
Vasyl Datsenko
Keyword(s):  
Family Environment ◽  
Family Law ◽  
Best Interests ◽  
Child Rearing ◽  
Legal Responsibility ◽  
Future Research ◽  
Parental Rights ◽  
Legal Obligation ◽  
Public Employees ◽  
Family Responsibility

Proper child-rearing of children is the main moral and legal obligation for both parents. In addition, the way parents fulfill their relationships fully requires the constant development of the child, according to her formation and becoming as a person. Unfortunately, not all parents fully communicate their responsibility for the development of the child, the formation of his personality, the importance of their upbringing for a better future of a child. In those times when parents misuse their shared ties, family law measures may be applied to them when the parental rights greeting appears. According to most of the scientists, in this category of reference, welcoming parental rights, is carried out by the court to ensure the interests of the child.Meanwhile, deprivation of parental rights is also a type of family legal responsibility, the main service of which is the search for parents. However, such an approach to amending the institution inviting parental rights into the means of family legal responsibility, highlighting the punitive function of this event, attempts to assign this procedure to the function, the nature of legal liability (fine, educational, preventive), an unjustified conclusion about public employees, the state, society and parents, and this reason distracts from the main participant in this procedure - the child. When considering the issues of the proclamation of parental rights, the main issue for the court should be the proportionality of the interference with the child's right to a family environment to the level of threat of the child's right to formation, protection, health and education. In their quick reference about the appropriateness of punishing the father, the court cannot be judged, so they cannot be present on the child in any way. It also appears logical that in such cases the court cannot at all achieve the goal of punishing the father and simultaneuoslyensuring the best interests of the child. Pursuit of the goal of punishing the father ambiguously intersects with the interests of the child and negatively affects them. Future research should move away from the concept of deprivation of parental rights as a form of family responsibility because in this case the purpose of punishing the father is provided costing the interests of the child. Keywords: best interests of the child, family law relations, legal responsibility, deprivation of parental rights, family law responsibility.

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.

Grandparent Visitation Rights

2005 ◽  
Vol 26 (5) ◽  
pp. 638-664 ◽  
Author(s):  
Tammy L. Henderson
Keyword(s):  
Grounded Theory ◽  
Child Development ◽  
Social Construction ◽  
Critical Review ◽  
Children's Rights ◽  
Children’S Rights ◽  
Best Interests ◽  
Future Research ◽  
Parental Rights ◽  
The Social

The purpose of the study was to review grandparent visitation cases to determine how justices interpreted the best interests of the child standard. Using grounded theory methods, the author conducted a study on 46 grandparent visitation cases. Based on the critical review of these cases, three themes emerged: parental rights, children’s rights, and child development. These themes help to explain how courts influence the social construction of power within families. The author closes the study with implications and suggestions for future research.

Factors that Motivate African Women in South Africa to Depart from Kinship Care to Legal Adoption of Non-Kin Children

2020 ◽  
Vol 32 (2) ◽  
Author(s):  
Priscilla Ann Gerrand ◽  
Ajwang' Warria
Keyword(s):  
South Africa ◽  
Family Environment ◽  
Kinship Care ◽  
African Women ◽  
Future Research ◽  
Parental Rights ◽  
Grounded Theory Research ◽  
Decision Making Processes ◽  
Recommendations For Practice ◽  
Theory Research

For hundreds of adoptable African babies in South Africa, their right to be permanently raised in a loving family environment is not being realised because there are an inadequate number of adopters. To help deal with this child welfare challenge, a study was conducted in South Africa to investigate what factors affect the decision-making processes of Africans regarding the legal adoption of non-kin children, because only a small number choose the legal adoption trajectory to parenthood. To acquire this knowledge, the grounded theory research method of Corbin and Strauss was implemented. Data were gathered by personally interviewing five different cohorts of African participants; most being women. It was found that African women usually decide to legally adopt non-kin children because their desire to mother permanently is not realised when engaging in kinship care. The four main reasons they turn to legal adoption of non-kin children are: (1) legal adoption offers security because it is a permanent childcare arrangement; (2) legal adoption provides a sense of “ownership” because the adopter acquires full parental rights and responsibilities for raising the adopted child; (3) once accepting infertility, legal adoption can ease the psycho-emotional pain of infertility; and (4) the desire to nurture an infant can be realised through legal adoption. Recommendations for practice and future research regarding this phenomenon are discussed.

Analysis of legal regulation and judicial practice of resolving disputes between parents about children

2021 ◽  
Author(s):  
Viktoriya Dergunova ◽  
Anastasiya Prokopova
Keyword(s):  
Central Place ◽  
Legal Regulation ◽  
Best Interests ◽  
Legal Responsibility ◽  
Parental Rights ◽  
Place Of Residence ◽  
Child Abduction ◽  
Judicial Practice ◽  
Rights Of The Child ◽  
Wide Range

The monograph is a comprehensive study of the current practice of resolving cases on determining the place of residence of children, the procedure for communicating with them separately living parents and other relatives; restriction and deprivation of parental rights; on the departure of children outside the Russian Federation and return within the framework of the Convention on Civil Aspects of International Child Abduction of 1980, the Convention on Jurisdiction, Applicable Law, Recognition and Enforcement and Cooperation in relation to Parental Responsibility and Measures for the Protection of children of 1996.The relations that develop between the child and parents, the child and the court, parents and the court, as well as parents as parties to the process are analyzed. The central place is occupied by the study of the content of the concept of the best interests of the child as a guarantee of the protection of his rights and the vector of development of the current legislation. The cases of abuse of parental rights and improper performance (or non-performance) of parental duties, illustrated by current judicial practice, are considered. The analysis is presented: measures of family legal responsibility, including restriction and deprivation of parental rights in connection with non-execution of a court decision on the upbringing of a child; features of the application of principle 6 of the Declaration of the Rights of the Child in resolving disputes about the place of residence of children; the possibility of taking interim measures in disputes between parents about upbringing; the ratio of legal and psychological categories in child-parent relations in order to apply special knowledge; the procedure for conducting forensic examinations in these categories of cases. Finally, the possibilities of out-of-court settlement of some family disputes, including through mediation, are investigated. For a wide range of readers interested in the rights of the child. It will be useful for students, postgraduates and teachers of law schools.

The Essence and Features of Deprivation of Parental Rights as a Measure of Family Legal Responsibility

2020 ◽  
pp. 80-85
Author(s):  
I. L. Shamraeva ◽  
L. V. Volkova
Keyword(s):  
Family Law ◽  
Legal Responsibility ◽  
Parental Rights ◽  
Legal Institution ◽  
Judicial Practice

This article is generally devoted to one of the most relevant topics of family law — deprivation of parental rights. The characteristic, specific features inherent in this legal institution are highlighted. The article analyzes the materials of judicial practice, draws conclusions on the practice of applying the deprivation of parental rights measures of family legal responsibility.

scholarly journals Deprivation of parental rights through the prism of appeal

2018 ◽  
Vol 8 (4) ◽  
pp. 44-54
Author(s):  
N.V. Koval ◽  
A.N. Zenkin
Keyword(s):  
Russian Federation ◽  
Child Rearing ◽  
Legal Responsibility ◽  
Parental Rights ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Family ◽  
Lower Courts ◽  
The Russian Federation ◽  
Role Of Parents

The article raises the question of the application to parents of extreme measures of family legal responsibility-deprivation of parental rights. Turning to the constitutional status of the family in the Russian Federation, determining the policy of the state, the authors show the fundamental importance of the family and the role of parents in the upbringing of children. Arguing over the nature of their freedom to act in the performance of their child-rearing duties, the authors analyze the legislative prohibitions that restrict such freedom in cases where the latter begin to act contrary to the interests of the child. The purpose and the closed list of the bases for application of a punishment measure in the form of deprivation of parental rights (Art. 69 of the RF IC) is opened, it is specified on their detailed explanations by the Supreme Court of the Russian Federation. Familiarization with them shows the complexity and ambiguity in the assessment of the same circumstances that lead various courts to diametrically opposed decisions on the possibility of deprivation of parental rights. The analysis of the regional judicial practice allowed the authors to look at the problem through the eyes of the court of appeal, as well as to summarize and formulate the grounds that formed the basis of the appellate rulings that overturn the decisions of lower courts on the issue under consideration.

ALIMONY OBLIGATIONS OF PARENTS FOR THE MAINTENANCE OF MINOR CHILDREN AND RESPONSIBILITY FOR THEIR VIOLATION

2020 ◽  
Vol 10 (5) ◽  
pp. 141-146
Author(s):  
LARISA KUDRYAVTSEVA ◽  
Keyword(s):  
Family Law ◽  
Positive Impact ◽  
Good Reason ◽  
Scientific Work ◽  
Legal Regulation ◽  
Legal Responsibility ◽  
Minor Children ◽  
Legislative Changes

The article analyzes various aspects of the institution of alimony obligations between parents and their children, and also establishes some sanctions against law-abiding parents who do not comply with family law. The purpose of the study is to study the features of the legal responsibility of parents who avoid paying alimony in favor of their children for no good reason. The scientific work indicates some of the most important legislative changes in the field of alimony legal relations, which had a positive impact on the legal regulation of this area of family law. The study also suggested some of its own changes to the current legislation.

The Content of Parental Rights

2017 ◽  
Author(s):  
Joseph Millum
Keyword(s):  
Religious Freedom ◽  
Fundamental Rights ◽  
Child Rearing ◽  
Parental Rights ◽  
Significant Extent ◽  
The Relationship

This chapter develops an account of the content of parental rights—that is, what they are rights to do and against whom they are held. It distinguishes between fundamental parental rights, which are grounded in the interests of the parents, and derivative parental rights, which are grounded in other considerations. It argues that parents have fundamental rights to realize the goods that they have made possible through their work in raising their child. The content of derivative parental rights will depend to a significant extent on how a society or community organizes child-rearing. To illustrate this view the chapter considers putative parental rights to physically punish one’s child and to exercise religious freedom with respect to one’s child. Finally, there is a discussion of the relationship between parental rights and various justice-related considerations. The chapter closes by summarizing a framework for evaluating whether a putative parental right is justified.

The Best Interests of the Child

2020 ◽  
pp. 203-221
Author(s):  
Wouter Vandenhole ◽  
Gamze Erdem Türkelli
Keyword(s):  
Human Rights ◽  
Family Law ◽  
Children's Rights ◽  
Case Law ◽  
Children’S Rights ◽  
Best Interests ◽  
Rights Of The Child ◽  
European Court ◽  
Elusive Concept

The best interests of the child principle is considered a pillar of children’s rights law and, according to the UN Convention on the Rights of the Child (CRC), is to be a primary consideration in all actions concerning children. Yet best interests is an elusive concept and principle that has no single authoritative definition or description. Internationally and domestically relevant in such diverse areas as family law, adoption, migration, and socioeconomic policymaking, the best interests principle requires flexibility and is best served by a case-by-case approach, as has been recognized by the UN Committee on the Rights of the Child and the European Court of Human Rights. This chapter analyzes relevant international case law and suggests the use of a number of safeguards to prevent such requisite flexibility from presenting a danger of paternalism, bias, or misuse.

scholarly journals ‘Our legal responsibility…to intervene on behalf of the child’: Recognising public responsibilities for the medical treatment of children

2021 ◽  
Vol 21 (1) ◽  
pp. 19-41
Author(s):  
Jo Bridgeman
Keyword(s):  
Medical Treatment ◽  
Social Services ◽  
Local Authority ◽  
The State ◽  
Parental Authority ◽  
Best Interests ◽  
Legal Responsibility ◽  
Local Authorities ◽  
Professional Responsibilities ◽  
Seriously Ill

This article argues for recognition of public responsibilities to protect the welfare of children with respect to decisions affecting their health and medical treatment. As the quote in the title of this article, from David Plank, the Director of Social Services responsible for bringing the case of Baby Alexandra before the courts, identifies, early cases concerning children’s medical treatment were brought by local authorities to determine responsibilities to protect the welfare of children. In cases such as Re B (1981), Re J (1990) and Re W (1992), the court was asked not only to determine the child’s best interests but also to clarify the duties of the local authority, Trust, court and child’s parents to the child. The respective duties established apply to all involved in cases brought before the courts on the question of a child’s future medical treatment, whether or not the child is in the care of the state. Recent cases concerning the medical treatment of seriously ill children have involved claims of parental authority to determine the care of their child. To the contrary, this article argues that court involvement is required when parents are disagreed with the child’s treating doctors over the child’s medical treatment because of public as well as parental and professional responsibilities for the welfare of all children.

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