Legal status of a child after break-up of their parents Abstract The goal of this thesis is to thoroughly elaborate about possible arrangements of situation of a child after the break-up of their parents, with focus on specifics of joint custody. The aim is also to critically evaluate corresponding practices of the Czech Constitutional Court and to put current legal regulations into historical and comparative context. The topic of this diploma thesis is legal status of a child after break-up of their parents. It is focused both on children of married and unmarried parents. An extra chapter about legal status of children from atypical families is also included, which addresses unusual legal positions of children of same-sex parents, children born via surrogacy and children raised by foster and adoptive parents. In the first chapter the marriage, cohabitation and differences between these two is discussed. A brief description of how the law in question evolved is included as well. The interest of a child is also characterized, as it is the primary consideration when (not only) courts are deciding about children. Third chapter covers parental responsibility. The following part is mostly focused on the topic of custody including an overview of the historical context. In this part, forms of custody and their...

Diss. Göteborg : Göteborgs universitet, 2006.

Previous research on children's participation has shown that children’s views are generally not taken into consideration in family law litigation. The purpose of this qualitative study was to investigate children’s level of participation in the District Court and Court of Appeal rulings on custody, residence and contact. The method used in the study was a content analysis of 12 District Court and Court of Appeal rulings and the theoretical framework was based on childhood sociology combined with theories and a model of child participation. The study's main results showed that parents' mutual agreement in custody disputes prior to the hearing affects the level of child participation, and that children over the age of ten are seen to get their views recognized and accounted for in court.  Furthermore, the court’s assessment whether the child is at risk of coming to harm is more considerable than the child's right to contact with his or her parent. The conclusion of the study was that in order for children to be able to make their voice heard and contribute their perspectives in custody disputes, they must be involved. / Tidigare forskning på barns delaktighet har visat att barn generellt har svårt att komma till tals i familjerättsliga processer. Syftet med denna kvalitativa studie var att undersöka barns delaktighet i tings- och hovrättsdomar gällande vårdnad, boende och umgänge med utgångspunkt i föräldrabalkens kap 6 och FN:s konvention om barns rättigheter. Den metod som användes i studien var en innehållsanalys av 12 avgöranden från tings- och hovrätten. Studiens teoretiska ramverk bygger på barndomssociologi i kombination med en teoretisk modell för barns delaktighet. Studiens huvudsakliga resultat visade att föräldrars överenskommelse innan domstolsförhandling påverkar barns möjlighet till delaktighet, att barn från och med 10 års ålder i större utsträckning får sin vilja beaktad i domstolen, och att en bedömning om att det föreligger en risk för att barnet ska fara illa väger tyngre än barnets rätt till umgänge med sin förälder. Studiens slutsats visar att delaktigheten och barns perspektiv är relaterade till varandra i en sorts växelverkan. För att barn ska kunna göras delaktiga, måste vuxna kunna anta ett barnperspektiv. För att barn ska kunna göra sin röst hörd och bidra med sitt perspektiv, måste de vara delaktiga.

Legal status of a child after break-up of their parents Abstract The topic of this diploma thesis is legal status of a child after break-up of their parents. It is focused both on children of married and unmarried parents. An extra chapter about legal status of children from atypical families is also included, which addresses unusual legal positions of children of same-sex parents, children born via surrogacy and children raised by foster and adoptive parents. In the first chapter I discuss the marriage, cohabitation and differences between these two. A brief description of how the law in question evolved is included as well. Second chapter covers parental responsibility. The following part is mostly focused on the topic of custody including an overview of the historical context. In this part, forms of custody and their specifics are described and an overview of interpretation issues resulting from regulations and laws is given. The section is also supported by findings from the field of psychology regarding forms of custody with focus on joint custody and parent alienation syndrome. A section about child perception of a divorce is also included. Next chapter depicts visitations between a child and their parents and also between the child and other persons. The interest of a child is also characterized, as...

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.

Opioid use disorder (OUD) is a type of substance use disorder characterized by repeated use of opioid drugs. These drugs are known to be rapidly addictive with severe withdrawal symptoms, making death due to overdose a rising concern. In this study, we took a closer look at a specific population of women, all of whom had children and were incarcerated for opioid use. Our goal was to better understand the factors that would impact success among this group seeking medication-assisted treatment for OUD. We developed a set of questions focused on a variety of factors including stigma surrounding the disorder, influence of the disorder of parenting, approaches and barriers to treatment, and potential motivation for seeking treatment. We then virtually interviewed women participating in the Orange County Corrections Medication for Opioid Use Disorder Program, specifically in the Methadone Clinic, to better understand their experiences with OUD and methadone treatment. The purpose of this study is to give better insight into existing treatment options in order to suggest revisions to current policies. By doing so, we hope to increase rates of recovery from OUD and to provide better future outcomes.

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Made available in DSpace on 2014-12-17T15:38:43Z (GMT). No. of bitstreams: 1 MariaTFF.pdf: 305966 bytes, checksum: 69919693cbb2ce1eeac57af775c92f7b (MD5) Previous issue date: 2008-08-15 / Currently, in custody disputes, the child has the right to be heard and to have its opinion considered, according to its age and maturity. The psychologist/psychoanalyst who works in the Family Court is required to produce a Report with the purpose of helping the Court?s decision. The present research aims to discuss and to find guiding principles for the hearing of the declaration of the child?s will in a custody dispute by its parents, from a psychoanalytical perspective. The case of a nine year old girl that affirmed in Court the desire of living with the mother and seeing the father only once a year is the starting point of this theoretical research over the psychoanalytic fundaments of the hearing of the case, how it appeared in that experience and how it was reflected in the report. Throughout this work, the peculiarities of psychoanalysis as a way of understanding the subject and the conditions that must be observed so that a sctrictu sensu analytic hearing is possible are studied. Then we present a reflection of the case, in the light of the theories studied, verifying that we could observe in the experience: i) the assumption of a subject of the unconscious, divided and desire full that constitutes itself from the oedipic structuration, that leads to the difference between speech and speak; ii) the concept of the child as having a sexuality of its own; iii) a hearing based on the ethic principles of psychoanalysis and the analysts'' formation. In the final considerations, we state that the institutional demand of a meaning for the case is a great difficulty for the analyst since he works from a place of 'not-knowing" / Atualmente, nas a??es judiciais da guarda, a crian?a tem o direito de ser ouvida e ter a sua opini?o considerada, de acordo com a idade e a maturidade. Ao psic?logo/psicanalista que trabalha nas varas de fam?lia ? solicitado um estudo com vistas a auxiliar a decis?o judicial. A presente pesquisa busca fundamentar e discutir a escuta da manifesta??o da vontade de uma crian?a no contexto da disputa judicial da guarda pelos pais, desde uma perspectiva psicanal?tica. O caso de uma menina, com idade de nove anos, que manifestou em ju?zo a vontade de morar com a m?e e de ver o pai apenas uma vez no ano, serve como ponto de partida para uma pesquisa te?rica sobre os fundamentos psicanal?ticos da escuta do caso, analisando o que de psicanal?tico compareceu nessa experi?ncia e que se refletiu no parecer. No desenvolvimento do trabalho, estuda-se a peculiaridade da Psican?lise quanto ao modo de conceber o sujeito e as condi??es que devem ser instaladas para que possa haver uma escuta anal?tica stricto sensu. Em seguida, faz-se uma reflex?o do caso, ? luz dessa teoriza??o, verificando que na experi?ncia compareceu: i) a suposi??o da exist?ncia de um sujeito do inconsciente, dividido, desejante, constitu?do a partir da estrutura??o ed?pica, o que justifica a distin??o entre o dito e o dizer; ii) a concep??o de crian?a como tendo uma sexualidade pr?pria; e, iii) uma escuta pautada nos fundamentos ?ticos da Psican?lise e na forma??o do analista. Nas considera??es finais, constata-se que a demanda institucional de produ??o de um sentido para o caso se destaca como uma grande dificuldade para o analista, pois o lugar de onde opera ? um lugar de n?o saber

Professional counselors experience increasing levels of ethical complaints when they provide opinions in child custody cases; the complaints question their competency levels and potentially affect job satisfaction. The purpose of the study was to determine any relationship between competencies and job satisfaction for 277 counselors and 66 psychologists. The competence theory served as the foundation of the study. The quantitative study was a nonexperimental, correlational design using a closed-ended survey. A new, validated Professional Competence Standards Instrument (PCSI) measured both competency as the independent variable and job satisfaction as the dependent variable to assess if competency affected job satisfaction. E-mail lists were utilized to invite a convenience sample to participate. Data analysis included a t test and found that psychologists had higher levels of competency than did counselors; a correlation test found a positive relationship between competence and job satisfaction; a Mann-Whitney U test found that psychologists had higher levels of complaints than did counselors; factorial ANOVAs showed a main effect between experience and ethical complaints, and between competency and job satisfaction for all professionals. Last, a stepwise regression found 4 predictors of job satisfaction: bias awareness, ability, experience, and licensure. Recommendations for future research include studying factors influencing levels of competency among counselors when providing testimony. These findings may assist the counseling profession with a greater understanding of competency in custody matters and improving job satisfaction, resulting in counselors better serving children and families embroiled in conflicted divorce and custody disagreements, and minimizing the negative impact on the mental health of all involved.

Diss. Göteborg : Göteborgs universitet, 2006. / Med sammanfattning på engelska.