Child and divorce of its parents - selected issues This diploma thesis deals with development of legal form of child custody after divorce of its parents. In the first part of this work is described historical development this legislation in substantive law, procedural law as well as in public law. In the next part the work focuses on current legislation included an emergence of marriage, its divorce with issues of mediation. In this part is also described child protection. Following this topic is in the next part described problematics by adjusting the ratio of the minor child including a status of a child before a court. At the end the diploma thesis points on development of judicature of the Constitutional Court of the Czech republic especially on decision I. ÚS 2482/13, its evaluation and context of some others decision of the Constitutional Court of the Czech republic. The aim of this work is to describe the process of court's decision of child custody after divorce of its parents. The work deals with substantive and procedural development in this area and crucially comments above decision.

This study focuses on the process of custody decision-making in a South African divorce context with the aim of critically examining the operation of the principle of the best interests of the child. A narrative approach is incorporated into Parker and Fairclough's discourse analytic approaches in the context of an instrumental case study. More specifically, the focus falls on moving beyond the understandings of custody embodied within the current psychological literature in order to examine the relationship between theory and practice and to view custody as a dynamic process at both a textual and analytical level. Concepts of dialoguing, context, audience and intertextuality together with a storied approach are central. Further, an attempt is made to provide a disruptive reading of the case through the use of notions of power, ideology and institutional practices embedded within the case and its broader contexts. The analysis demonstrates the need for decision-making to be viewed as a broader process situated across multiple professional, institutional and socio-political texts and contexts. Further, it is argued that in order for the process to uphold the principle of the child's best interests, specialised training must be supplemented with changes at the level of policy, aimed at moving toward a more inclusive, process-oriented approach to custody decision-making.

The development of private divorce mediation appears to offer a friendly and informal alternative to the "hostile" adversarial divorce. A close analysis of its claims, however, shows them to be largely unproven. Urgent attention should therefore be given to the philosophical base of the movement. There is also a need for empirical research and for standardised training. Further unanswered questions relate to the part to be played by different professions, and to professional ethics. It is submitted that the appointment of Family Advocates is a step in the right direction but that the establishment of a full Family Court will best protect children's interests.

Children are vulnerable to sexual abuse while under the care and custody of their parents or caregivers for a number of reasons. Very often people ask the question of how does it happens that a child is been sexually abused in the care of responsible people and not protected against it. The vulnerability of children to be sexually abused can be minimised by caring and protective parents who are able to ensure that their children’s emotional needs, is been met. On the other hand children’s vulnerability to sexual abuse, can be increased by parents who are not emotional available or able to nurture their children. The goal of this study was to explore the relation between the quality of parenting skills and the vulnerability of children to sexual abuse. The researcher conducted a qualitative study through which the goal of this study is been achieved. Further research in this field is recommended to prevent sexual abuse of children. / Dissertation (MSD (Play Therapy))--University of Pretoria, 2005. / Social Work / unrestricted

Japan is one of the world’s major importers of wood products. Most of the wood entering the country is destined to Japan’s house building industry. However, Japan has been an indifferent market regarding demand of wood products certified for sustainable forest management. Current pressures that may indicate a shift in market conditions include: the recent economic recovery, increasing Corporate Social Responsibility (CSR), and the new government’s public purchasing policies (PPP) titled Timber Procurement Policies. In order to assess the market prospect (in the next 5 years) for wood products certified as coming from sustainable and/or legal sources a study was completed focusing on Japanese home builders. Data was collected through a self administered mail survey of residential builders in Japan. Results show that there is a low level of understanding, as well as willingness to adopt, forest management certification among Japanese builders. Consequently, current market demand for certified products is low and builders expect little change in consumers’ demand for wood materials certified for sustainable management as well as those certified for legality in the next five years. Builders considered the most important potential drivers for increased demand for certified and/or legal wood products to be rigorously implemented public purchasing policies, followed by increasing final consumers’ demand and the growth in CSR. Builders also estimated that the positive impact of PPPs would be rather modest but widespread. Finally, builders indicated that PPPs would favour demand for certain product categories, such as: domestic wood, softwoods, wood from plantation and to a lesser degree wood from temperate forests. / Forestry, Faculty of / Graduate

There is very little information in the literature on mothers without custody of their children. In an attempt to partially remedy this situation an exploratory study, based on in-depth interviews with mothers who voluntarily chose to live apart from their children, was conducted. The aim was to identify the factors facilitating and hindering adjustment for these women. Using a sample of 17 women who volunteered for the study, the critical incident technique was employed to gather data from the participants. The collected incidents were then grouped into categories and descriptive statements were formulated about each one. There were 212 critical incidents collected from the 17 participants. These incidents were grouped into 3 main categories and 15 sub-categories. The categories provide a concise and easily understood description of the facilitating and hindering factors affecting adjustment for non-custodial mothers. The reliability of the placement of items into the appropriate categories was tested by using four independent raters, using percentage of agreement as an index of reliability. Recommendations for supportive services and programs needed by, these women are offered. Therefore, the findings are useful for planning and implementing future programs for non-custodial mothers. As well, guidelines are presented for individual, family, and divorce mediation counsellors who find themselves working with this group of women. / Education, Faculty of / Educational and Counselling Psychology, and Special Education (ECPS), Department of / Graduate

(in English): The aim of this thesis is to find out how shared custody influences lives of children. The theoretical part is divided into six chapters. In the first one, I focus on the issues associated with divorce. The chapter starts with the history of divorce rates in our country including present day divorce rate statistics and the description of what divorce proceedings look like and their effect on the decision making of childcare after divorce. I also talk about how children handle divorce and how it reflects on their adult life. In this context I mention certain organizations and institutions where parents and children can seek help in the time around the divorce. In chapter four, I focus on the types of childcare after divorce and compare its advantages and disadvantages. After that I examine how the media, general public, and professionals view shared custody. The theoretical part ends with a chapter on specific situations in which court can decide for shared custody. That is followed by qualitative research on how shared custody is evaluated by professionals, such as teachers, carers, pedagogical assistants, social workers, workers of advisory centre and psychologists.

Electronic control system as an alternative to custody Abstract In the framework of the criminal justice process, the scope of using technical means through electronic monitoring is worldwide very extended indeed, being applicated in all stages of criminal proceedings. Although the most frequent manner while analysing the electronic control is the house arrest or release from imprisonment by conditional parole, electronic monitoring system finds its purpose also in pre-trial detention. Arrest is intended to be an exceptional institute of criminal proceedings, only to be used as necessary and proportionate measure and in compliance with the presumption of innocence and the constitutional right to personal freedom. In accordance with this concept, it is necessary to consider all time in the duration of custody whether the reasons for pre-trial detention still last and whether it would not rather be replaced by some alternative. The first electronic monitoring permanent program was launched in Czech republic in September 2018, so we have only a few experiences in this field so far. The aim of this paper is to identify some best practices to enhance the effectiveness of electronic monitoring as an alternative to custody in the Czech legal order and also to propose an amendments to the legislation of this...

Tempte. A. ”Vi vill ge det bästa av två världar” En kvalitativ studie av socionomers erfarenhet av vårdnadsöverflyttning. Masteruppsats i Socialt Arbete 15 högskolepoäng. Malmö Universitet: Fakulteten för hälsa och samhälle, institutionen för socialt arbete, 2022.  Hur barns bästa bör mötas av samhället när föräldrar brister har diskuteras genom tider och i alla samhällen. Uppfattningar om hur barns behov bäst möts är motstridiga. Val mellan återförening till biologföräldrar och stabilitet i familjehem innebär svåra och komplexa bedömningar. Syftet med denna uppsats är att undersöka processen när vårdnad för barn övergår från biologföräldrar till familjehemsföräldrar. En överflyttning av vårdnad innebär skiften. Juridiskt, vårdideologiskt och socialt förändras barnets förhållanden. Uppsatsens frågeställningar fokuserar på hur socialtjänsten uppfattar lagstiftarens intentioner och sitt handlingsutrymme för att bedöma och säkerställa barns bästa i dessa ärenden. Utifrån intervjuer med socionomer tas steg i processen fram och blir synliga. Studiens analys vilar på teorier om kunskap, handlingsutrymme och barndom. Det som blir synligt är att lagstiftarens intentioner uppfattas som goda, att trygga barnet. Vägen dit innebär dock avvägningar som kan motarbeta syftet. Handlingsutrymmet påverkas av att vårdnadsöverflyttning i sig inte är tillräcklig för att säkra barns bästa. Det sociala arbetet är inramat av juridiska och vårdideologiska påbud som gör att utrymmet att handla blir till en balansakt. Synen på vilken kunskap som anses viktig skiljer sig mellan socialtjänst och rättsväsende. Mötet i rättssalen påverkas av den juridiska synen på barns bästa. Vad som är bäst för barn är värdeladdat, när värderingarna krockar inbördes skapas behov av rangordning. / Tempte. A.” We Want to Give the Best of Both Worlds” A Qualitative Study of Social Workers´ Experiences in Custody Transfer. Master’s degree in social work 15 credits. Malmö University: Faculty of Health and Society, Department for Social Work, 2022.   In which way the best interest of a child should be met by the community when the ability of parents fail has been discussed throughout the times and in all communities. Perception of the best interest of children is conflicting. The choice between reunification with birthparents and stability in foster care means difficult and complex assessments. The purpose of this study is to investigate the process of moving custody from birth parents to foster parents. Moving custody contains multiple shifts. Legal aspects, caring ideology and social aspects change the child’s circumstances. The questions in this paper focus on how the social services perceives the intentions of the lawmakers and their own discretion to assess and ensure the best interest of the child in these matters. Based on interviews with social workers steps in the process are forged and visualized. The study´s analysis rests on theories of knowledge, discretion and childhood. What becomes visible is that the intentions of the law maker are perceived as good, to increase the safety of the child. The path to get there, however, involves choices that work against the purpose. The discretion is affected by the fact that moving custody in itself is insufficient to ensure the best for the child. The social work is framed by legal and care ideological edicts that turn the discretion into a balancing act. The view of what knowledge is considered important differs between the social services and the judiciary. The courtroom meeting is influenced by the legal view of children´s best interest. What is best for children is loaded with value, when these values collied, the need to arrange by rank occurs.

Children who are in foster care or who have been adopted often face uncommon challenges, as do their families and providers. Child and adolescent psychiatrists have a unique role in aiding these children and their adult caretakers. Foster care has long been a source of public policy debate over the role of child welfare agencies in determining when to remove a child, and more recently over the costs of placements and additional services that these children often need. Current controversies concern gay and lesbian foster care, custody relinquishment, multiple placements, and health-care delivery while in foster care. We focus initially on entry into foster care and the implications for the child, particularly the impact on their health and development. Other factors considered include care coordination, or lack of, multiple placements, and grandparent/kinship care. Issues surrounding adoption are explored, including "closed" and "open" adoptions, race, and age. We emphasize recent research on gay and lesbian biological families, and the finding that they are just as capable at raising children as heterosexual parents at adoption. Also highlighted is the choice between custody and care that faces many parents of severely mentally ill children. Finally we look at the special concerns relating to international adoption. Case vignettes are presented to highlight the practical aspects of fostering and adoption.