The Limits of Parental Authority

AbstractThis study aims to analyse the legal decision-making process in the Community of Valencia (Spain) regarding contentious divorces particularly with respect to parental authority (patria potestas), custody and visiting arrangements for children, and the opinions of mothers and fathers on the impact these judicial measures have had on their lives. It also considers the biases in these decisions produced by privileging the rights of the adults over those of the children. Three particular moments are studied: (1) the situation before the break-up, focusing on the invisible gender gap in care; (2) the judicial process, where we observe the impact of hidden gender-based violence and gender stereotypes; and (3) the situation post-decision, showing how any existing violence continues after divorce, by means of parental authority. The concept of ‘motherhood under threat’ is placed at the centre of these issues, where children’s voices are given the least attention.

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

Medical Law International ◽

10.1177/0968533221993507 ◽

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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Chilean adolescents’ beliefs about the legitimacy of parental authority: Individual and age-related differences

International Journal of Behavioral Development ◽

10.1177/0165025406063554 ◽

2006 ◽

Vol 30 (2) ◽

pp. 97-106 ◽

Cited By ~ 34

Author(s):

Patricio Cumsille ◽

Nancy Darling ◽

Brian P. Flaherty ◽

M. Loreto Martínez

Keyword(s):

Latent Class ◽

Parental Control ◽

Personal Control ◽

Parental Authority ◽

Shared Control ◽

Legitimate Authority ◽

Age Related ◽

Personal Domain ◽

Older Adolescents ◽

Legitimacy Beliefs

Individual and age-related differences in the patterning of adolescents’ beliefs about the legitimacy of parental authority were examined in a sample of 3425 Chilean adolescents (Mage = 15.0). During early, middle, and late adolescence, three analogous patterns of beliefs about the legitimacy of parental authority were identified using latent class analysis (LCA). Youth in the Parental Control class ceded parents legitimate control over issues in the multi-faceted and prudential domains and were relatively likely to cede parental control over the personal domain. Those in the Shared Control class differentiated the prudential from other domains. Those in the Personal Control class denied parents legitimate authority over issues in all domains. Within analogous classes, younger adolescents were more likely to grant parents legitimate authority than older adolescents. Results are consistent with prior research documenting age-related differences, but raise important questions about the normative nature of age-related change in legitimacy beliefs. The advantages of studying sub-groups and variability in the patterning of legitimacy beliefs are discussed.

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Parent Education: Developments and Discrepancies

Children Australia ◽

10.1017/s0312897000001624 ◽

1987 ◽

Vol 12 (4) ◽

pp. 14-16 ◽

Cited By ~ 5

Author(s):

June Allan ◽

Cynthia Schultz

Keyword(s):

Adverse Effects ◽

Parent Education ◽

Family Life ◽

Parental Authority ◽

Parental Role ◽

Parental Competence ◽

Research Project ◽

Self Reliance ◽

The Family ◽

Professional Intervention

ResumeThe effects of professional intervention in family life and relationships has been questioned by a number of writers who maintain that this involvement has led to the undermining of parental authority and a lessening of parental competence and confidence. By contrast, others see this involvement as supplying necessary skills to family members.Amongst the programmes which professionals have implemented are parent education programmes, many of which are conducted in groups and which are valued by both practitioners and writers. As part of the broader debate about the relationships between professionals and the family however, some critics suggest that parent education programmes can have adverse effects on parents' confidence in their parental role and on their self-reliance in deciding how best to raise their children.A research project is being put into effect in Melbourne to explore these issues.

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