Making Sense of the Best Interest of Children in Vulnerable Family Relationships

2013 ◽  
pp. 211-216
Author(s):  
Mutsuko Takahashi
Keyword(s):  
Family Relationships ◽  
Child Custody ◽  
Legal Reform ◽  
Joint Custody ◽  
Best Interest ◽  
Making Sense ◽  
Living Together ◽  
Custodial Parents

The aftermath of divorce or separation of a couple with children profoundly affects the lives of all those who used to live together as a family. In Japan the current legislation admits child custody for either of the parents at divorce, and it is usually mothers who become the custodial parents living together with child. Differently from many other societies the joint custody system has not been introduced to Japan, and some people (legal experts, researchers and activist citizens mainly of fathers’ rights movement) in Japan are activating the discussion about legal reform for introducing joint custody to Japan.

scholarly journals PEMENUHAN HAK ANAK DI INDONESIA MELALUI PERENCANAAN PENGASUHAN, PENGASUHAN TUNGGAL DAN PENGASUHAN BERSAMA

2021 ◽  
Vol 7 (1) ◽  
pp. 188-210
Author(s):  
Rika Saraswati ◽  
Emanuel Boputra ◽  
Yuni Kusniati
Keyword(s):  
Gender Equality ◽  
Child Custody ◽  
Qualitative Data ◽  
District Court ◽  
Court Decisions ◽  
Joint Custody ◽  
Best Interest ◽  
Sole Custody ◽  
Better Than ◽  
Parenting Plan

In many countries, joint custody has replaced and is considered better than sole custody. It is also deemed more in line with the gender equality principle which demands both parents to share responsibility for the custody and care of the child post-divorce. This article discusses how judges in divorce cases decide on child custody, and the extent to which they consider the merits of joint or sole custody and demand divorcees to consider making a parenting plan in the best interest of their children.  Qualitative data is collected from the District Court and Religious Court at Semarang and by analysing 4 court decisions regarding child custody.  Interestingly, none of the Courts above possess or implements a policy or have some procedural ruling obligating judges in divorce cases to demand parents to consider joint custody or making a parenting plan post-divorce. Obligatory pre-trial mediation is geared more as a procedural-formalistic attempt to dissuade parties to continue with divorce.

Putusan Serta Merta dalam Perkara Hadhanah di Pengadilan Agama dalam Rangka Perlindungan Anak

2021 ◽  
Vol 15 (1) ◽  
pp. 67-82
Author(s):  
Asni Asni
Keyword(s):  
Child Custody ◽  
Legal Action ◽  
Best Interest ◽  
Literature Study ◽  
Legal Research ◽  
Normative Approach ◽  
Opposing Party ◽  
Special Strategy

Child custody cases processed in the Religious Court often cause certain problems. Therefore, a special strategy is needed by the judge in resolving child custody cases. This paper describes the opportunities for implementing decisions immediately as one of the strategies that can be taken by judges in resolving child custody cases in the Religious Court. A decision immediately is a decision that can be immediately executed even if the opposing party submits legal action. Methodologically, this study uses normative legal research so that it applies a juridical normative approach. The research was conducted by adapting a literature study combined with interviews with Religious Court judges. The results of the study confirm that a decision immediately is one of the strategies that a judge can take if in a case it is feared that the losing party will make negative efforts that can harm the winning party. However, the most important consideration for the judge in this matter is for the best interest of the child and the realization of the benefit of society.

Child Custody and Parental Competencies

2019 ◽  
pp. 103-104
Author(s):  
Eileen P. Ryan
Keyword(s):  
Child Custody ◽  
Convincing Evidence ◽  
Parental Rights ◽  
Best Interest ◽  
Parental Preference ◽  
Custody Arrangements

Chapter 12 contains only two cases, Painter v. Bannister and Santosky v. Kramer, but these cases are extremely important in having established the important principles of “best interest of the child” for determining child custody arrangements and terminating parental rights based on “clear and convincing evidence.” The former overturned the idea that parental preference should drive custody decisions and the latter recognized the serious and potentially traumatic effects of removing a child from his/her parents.

Joint Child Custody Counseling— Divorce 1980s Style

1983 ◽  
Vol 64 (9) ◽  
pp. 546-554
Author(s):  
Jane F. Charnas
Keyword(s):  
Child Custody ◽  
Joint Custody ◽  
Case Examples ◽  
Emotional Commitment

Joint custody is proposed as a viable and constructive arrangement subsequent to divorce. This article provides a model for counseling for it, capitalizing on parents' emotional commitment to their children. Case examples illustrate various patterns of joint custody.

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.

Ḥaḍāna Practices in Tunisia: Between Women’s Rights and the Best Interest of the Child, 1956–2019

Hawwa ◽  
2020 ◽  
Vol 18 (2-3) ◽  
pp. 194-225
Author(s):  
Maaike Voorhoeve
Keyword(s):  
Women's Rights ◽  
Child Custody ◽  
Ethnographic Study ◽  
Women’S Rights ◽  
Best Interest ◽  
Judicial Practice ◽  
Rights And Interests ◽  
Over Time

Abstract This article examines how Tunisian judges since independence deal with childcare cases upon divorce. As a legal ethnographic study of ḥaḍāna (child custody) in contemporary Tunisia, this study aims to contribute to the existing literature on judicial practice in Muslim contexts. The article aims to reveal these judges’ understandings of child custody, of women’s and men’s roles in childcare, and of the rights and interests of children and how this understanding developed over time.

Making Sense of Fiction: Social and Political Functions of Serialized Fiction in the Daily News (Maeil sinbo) in 1910s Korea

2017 ◽  
Vol 22 (1) ◽  
pp. 227-255
Author(s):  
Jooyeon Rhee
Keyword(s):  
Family Relationships ◽  
Decisive Role ◽  
Daily News ◽  
Discursive Space ◽  
Making Sense ◽  
Building Process ◽  
Political Environments ◽  
Cultural Status ◽  
Domestic Affairs ◽  
Assimilation Policy

Abstract Modern Korean newspapers played a decisive role in transforming the Korean fiction genre in the early twentieth century―a transformation that was carried out in two distinctively different cultural and political environments. In the 1900s, reform-minded Korean intellectuals translated and authored fictional works in newspapers primarily as a way to instigate Koreans to participate in the nation-building process during the Patriotic Enlightenment movement (Aeguk kyemong undong) period. When Japan annexed Korea in 1910, the Daily News (Maeil sinbo) continually used fiction as a vehicle to deliver the colonial government’s assimilation policy, that is, to raise Korea’s socioeconomic and cultural status, with the aim of civilizing the society. The rhetoric of civilization is a common feature in fictional works produced during the period. However, what characterized the works serialized in Maeil sinbo was their increasing focus on individual desire and domestic affairs, which manifested itself in the form of courtship and familial conflicts. The confrontation between private desire and family relationships in these fictional works represented the prospect of higher education and economic equity while invoking emotional responses to the contradictory social reality of colonial assimilation in the portrayal of domestic issues in fiction. Looking at Maeil sinbo and its serialization of fiction not as a fixed totality of the Japanese imperial force but as a discursive space where contradicting views on civilization were formed, this paper scrutinizes emotional renderings of individuality and domesticity reflected in Maeil sinbo’s serialized fiction in the early 1910s.

Ethical Models in the Double Relationship Physician-Patient when Establishing Child Custody in Parental Divorce and Separation with Intense Conflictuality: Different Concepts for Physician and for Psychologist?

2021 ◽  
Vol 66 (Special Issue) ◽  
pp. 57-58
Author(s):  
George Cristian Curca ◽  
◽  
Iuliana Diac ◽  
Iuliana Dobrescu ◽  
Lucia-Emanuela Andrei ◽  
...  
Keyword(s):  
Forensic Psychiatry ◽  
Child Custody ◽  
Best Interests ◽  
Patient Relationship ◽  
Physician Patient Relationship ◽  
Best Interest ◽  
Parental Alienation ◽  
Emotional Relationships ◽  
Set Up ◽  
Physician Patient

"Introduction. Child custody judicial course usually are intense conflictual raising a lot of pressure both on adult parents as on children. Always require a forensic psychiatry set-up at the court request and a professional team, legal doctors, psychiatrists, psychologists of adult and children from the legal medicine institution and from the hospital. Children are carefully looked upon separately by psychologists in a special setu-up diregarding intruding and manipulation. Objective of this presentation is to identify ethical aspects of the relationship physician-patient (the adult parent and separate the child) and psychologist-patient (i.e. similar) in custody litigation. Material and methods. We have casuistry with a high diversity of parental alienation in child custody cases. Discussions: Does physicians (psychiatrist or legal doctor) and psychologists uses different ethical models and concepts to approache the adult parent or the child? Forensic psichiatry examinations are completed with psychiatry examination and psychology examination as much as documents examinations which are presented in the dossier. Social inquiry is very important. Conclusions: similar to physician-patient relationship in pediatry, psychologist-minor patient relationship is based on the same moral values and ethical principles: beneficence, nonmaleficence, justice, loialty, trust, mostly in a paternalistic model to sustain always the best interest of the child/children. Lack of autonomy of the minor child creates correlativity obligations to protect his rights and to sustain the best interests of the child as a primary consideration. Beneficence in forensic psychiatry may take into consideration maintaining also beneficial emotional relationships with both parents after the separation. "

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