Custody disputes have traditionally been considered a legal matter. More recent trends have seen the recognition of divorce and custody as both legal and psychological events. This necessitated the involvement of professionals of the helping services in custody recommendations. Such a multidisciplinary approach is currently taken by the Office of the Family Advocate, Pretoria, in disputed custody matters. It is suggested that the way in which the problem of custody is currently defined, is on a pragmatic level, and does not include a higher-order awareness as implied by an ecosystemic epistemology. Such an awareness denotes self-reflexivity, and calls for a more aesthetic emphasis. The dialectic between aesthetics and pragmatics is maintained by means of a descriptive look at the various systems involved in a disputed custody case. Adopting an ecosystemic epistemology is recommended, through the metaphor of mediation, as a further evolution of an already changing process. / Psychology / M.A. (Clinical Psychology)

Syftet med denna studie är att undersöka vårdnadsdomar och vårdnadsutredningar från tingsrätt och familjerätt där beslut och förslag till beslut inte är lika. Studien ämnar undersöka på vilket sätt domaren/domarna (juristen) anser sig ha ett bättre beslut i vårdnadsmålen jämfört med familjerättssekreterarens (socionomens) och hur detta kan avläsas i de domar där de två professionerna inte tycker lika. Är det rena juridiska felbedömningar som familjerättssekreteraren har gjort eller är det andra rekvisit och tolkningar som förekommer? Har en domare bättre kunskap att bedöma barns bästa än familjerättssekreteraren? Hur utmärker sig de två professionerna i det skrivna språket kring sitt egna handlingsutrymme? Studien har analyserat domar och vårdnadsutredningar med diskursanalys som metod för att belysa den professionsproblematik som studien syftar till att undersöka. Tre olika vårdnadsfall med tingsrättsdomar och vårdnadsutredningar har granskats. I ett fall finns även en hovrättsdom. De slutsatser som kommer fram i jämförelserna av empirin är att det råder en starkare självsäkerhet hos juristen i handlingsutrymmet kring att utföra sin profession, jämfört med socionomen. Det skrivna språket behandlas på olika sätt och med olika grader av självförtroende och säkerhet i påståenden, beroende på profession. / The aim of this study is to analyse the child custody enquiry with the custody judgements form the family law department and the court when the proposition for resolution and the decision is not concistent. The study aim to examine in what way the judge (lawyer) consider themselves to have a better decision in the family cases than the family law caseworker (the social worker) when the two professions do not agree. Is it the judicial intepretation done by the family law caseworker that is wrong, or is it the necessary prerequisite and other legal opinions which occours in the texts? Does the judge have better knowledge to assess the best interests of children than the family law caseworker? How do the two professions in the written language distinguish themselves about their own space of action? The study has analyzed judgments and custody enquires with discourse analysis as a method of highlighting the professional problem that the study aims to investigate. Three different custody enquires with district court cases have been examined. In one case there is also a judgement from the court of appeal. The conclusions that emerge in the comparisons of the material are that there is greater self-assurance of the lawyer in the action room in pursuit of his or her profession, in comparison with the social worker. The written language is treated in different ways and with different degrees of self-esteem and security in claims, depending on the profession.

This thesis focuses on the topic of parental separation and awarding custody of pre-school and early-school aged children. In the theoretical part the specifics of each developmental stage and also of the mother's and father's role are described. In the following chapter the thesis focuses on the process of parental separation, its phases, causes and its influence on children. Also the most typical phenomenons and risks connected with this complicated situation are mentioned. Not to be forgotten, the legal side of the process is also included. The thesis contains empirical part, in which structured interviews with social workers were led, in order to map current trends, the most serious risks, the possibilities of different forms of custody and the role of psychologists in parental separation in the Czech environment. Key words: parental separation, awarding custody of child, pre-school age, early-school age, sole custody, joint custody

With the maturation of the child custody investigative process, the role of investigators and the process of these investigations have come under increasing scrutiny. The investigators are expected to be objective, neutral, and professional while following procedures that conform to model standards. However, this assumption of a lack of bias has been largely overlooked in the literature regarding the investigative process. It is assumed that investigators should self-monitor to ensure that their stance is objective and neutral. Furthermore, this position of neutrality and objectivity is assumed to be intuitive and natural. By using a case study, this thesis investigates and describes the process of a child custody investigation predicated on a constructivist epistemology. It highlights the impossibility of any investigator to be objective and neutral in any investigation automatically, regardless of the procedures and methods employed. The thesis highlights the participant observer status of investigators. An aim of the thesis is thus to sensitise investigators to this inevitable vulnerability with the expectation that such an awareness may allow investigators to establish processes to render investigations consciously more balanced, considered, and transparent. A further aim is to describe a child custody evaluation from an eco-systemic perspective by contextualising the investigation in the larger ecosystem to which it belongs. This description includes the investigation as part of an evolving problem-determined system. An awareness of this wider and evolving context may enable investigators to approximate a position of objectivity and neutrality more effectively. It may also act as an inoculation against the ‘contamination’ of the investigator by the investigative system. With the maturation of the child custody investigative process, the role of investigators and the process of these investigations have come under increasing scrutiny. The investigators are expected to be objective, neutral, and professional while following procedures that conform to model standards. However, this assumption of a lack of bias has been largely overlooked in the literature regarding the investigative process. It is assumed that investigators should self-monitor to ensure that their stance is objective and neutral. Furthermore, this position of neutrality and objectivity is assumed to be intuitive and natural. By using a case study, this thesis investigates and describes the process of a child custody investigation predicated on a constructivist epistemology. It highlights the impossibility of any investigator to be objective and neutral in any investigation automatically, regardless of the procedures and methods employed. The thesis highlights the participant observer status of investigators. An aim of the thesis is thus to sensitise investigators to this inevitable vulnerability with the expectation that such an awareness may allow investigators to establish processes to render investigations consciously more balanced, considered, and transparent. A further aim is to describe a child custody evaluation from an eco-systemic perspective by contextualising the investigation in the larger ecosystem to which it belongs. This description includes the investigation as part of an evolving problem-determined system. An awareness of this wider and evolving context may enable investigators to approximate a position of objectivity and neutrality more effectively. It may also act as an inoculation against the ‘contamination’ of the investigator by the investigative system. xviii In South Africa, we have yet to formulate a document that establishes a model standard of practice or specific, dedicated training in this area. This thesis identifies what could be included in both areas (in addition to the expected protocols and procedures) by describing the investigator’s position as an expert learner, rather than just an ‘expert’. In line with current literature, it highlights the benefits of thinking consciously and in a considered manner. Furthermore, it indicates the benefits of a team approach to investigations, which could be considered an area for further investigation. In South Africa, we have yet to formulate a document that establishes a model standard of practice or specific, dedicated training in this area. This thesis identifies what could be included in both areas (in addition to the expected protocols and procedures) by describing the investigator’s position as an expert learner, rather than just an ‘expert’. In line with current literature, it highlights the benefits of thinking consciously and in a considered manner. Furthermore, it indicates the benefits of a team approach to investigations, which could be considered an area for further investigation. / Psychology / D. LITT et. Phil. ( Psychology)

Separation and divorce have become normative life events for many families throughout the world. According to the most recent statistics, during 1998, a total of 35 792 divorces were granted in South Africa alone, resulting in 45 123 children being affected by the divorce of their parents (Statistics South Africa - Statistical Release PO 307). Children who best survive their parents divorce are those maintaining significant and positive relationships with both parents. Children whose parents share parenting also cope better with the consequences of divorce. This study therefore attempted to provide insight into the personal experiences of divorced parents in relation to sharing of parenting after divorce. In this qualitative study, the researcher used the snowballing technique of sampling. A total of 16 divorced parents, including eight mothers and eight fathers, were included in the sample. The sample comprised of custodial, noncustodial and joint custodial parents who had been divorced for a period of at least two years. The interview schedules were personally administered and manually analyzed by the researcher. From the main findings, it was ascertained that respondents experienced tremendous difficulties in coping with the aftermath of divorce more especially in the realm of co-parenting. The main challenges they have had to face were problems relating to access to children, conflict in post-divorce relationships, stress related to the remarriage of ex-spouses, lack of sharing of parental responsibilities, communication problems and lack of therapeutic support. In order to promote effective post-divorce parenting, the researcher made recommendations with regard to the provision of educational programmes and therapeutic services for parents, children and other interested parties affected by the divorce. Recommendations, pertaining to divorce, are also made in respect of the justice system in South Africa. / Thesis (LL.M.)-University of Durban-Westville, 2002.

This dissertation examines the experiences of foster youth as they prepare for life after emancipation from state custody. Every year in the U.S., around 25,000 youth in foster care reach the legal age of emancipation and subsequently leave state’s custody. Colloquially, this transition is known as “aging out”. Although the youth who “age out” are legally considered adults, few are ready to meet the challenges of adulthood independently. These youth are more likely than their same aged peers to end up incarcerated, face unemployment or underemployment, drop out before finishing high school, and experience substance abuse problems or a mental health disorder (Shirk & Stangler, 2005). This study adds to the growing body of knowledge about the experiences of teenaged youth “aging out” of foster care. Though empirical studies have documented challenges facing emancipated youth (Craven & Lee, 2006), very little work has examined the actual experiences of emancipation from the perspective of youth and their guardians. Using illustrative case methodology, this dissertation captures life story perspectives on the experiences of teenaged foster youth and their guardians as they prepare for life after emancipation. A qualitative approach was utilized to provide experiential data to inform the practice standards and program effectiveness associated with the services and supports these youth received while in custody of the State’s Department for Youth and Families. A project of the Vermont Research Partnership, the study was able to utilize logistical and ethical consultation from state agency leaders during the development of methodology. The findings describe and analyze the challenges and successes that youth in foster care encounter as they prepare for life after emancipation. Interview data with youth, guardians and service providers highlighted themes related to preparedness including the barriers to youth perceptions of adulthood, the ubiquity of trauma experiences, the cost of staff turnover, the importance of long term relationship, and the “pull” of the biological family. The results of the study reveal a complex intertwining of personal, familial and systemic issues that converge to hinder preparedness for independent living despite the determined efforts of foster parents, service providers, families and the youth themselves. The study suggests areas for future research as well as policy recommendations related to service provision for teenaged youth in custody as well as emancipated youth.

Validity scales for child-report measures are necessary tools in clinical and forensic settings in which major decisions affecting the child and family are in question. Currently there is no standard model for the development and testing of such validity scales. The present study focused on 1) creating the General Validity Scale (GVS) Model to serve as a guide in validity scale development and 2) applying this model in the development of validity scales for the Co-parenting Behavior Questionnaire (CBQ), a child-report measure of parenting and co-parenting behaviors for children whose parents are divorced. Study 1 used the newly developed GVS Model to identify threats to CBQ validity and to develop procedures for detecting such threats. Four different validity scales were created to detect inaccurate responding due to 1) presenting mothering, fathering, and/or co-parenting in an overly negative light, 2) rating mothering and fathering in a highly discrepant manner, 3) inconsistent item responses, and 4) low reading level. Study 2 followed the GVS Model to test the newly developed scales by comparing CBQ responses produced under a standard instruction set to responses from contrived or randomly generated data. Support for the ability of each validity scale to accurately detect threats to validity was found.

The use of psychological testing in child custody assessments has become more common and important as psychologists are increasingly used as expert witnesses in contested child custody and visitation cases. Currently, the MMPI-2 is the most commonly used psychological test in child custody cases, but there is no research indicating which version of the measure (K-corrected, non-K-corrected, or the RC scales) provides the most accurate picture of the custody litigant in terms of substantial correlations with external variables. This study represents the first examination of the convergent, discriminant, and incremental validity of the MMPI-2 K-corrected Basic Clinical Scales, the MMPI-2 non-K-corrected Basic Clinical Scales, and the RC scales in a sample of (n = 196) custody litigants from the Mid-Atlantic region of the United States. Results indicated that all three sets of scales showed some evidence of convergent validity and discriminant validity with external criteria, with gender differences shown in correlate patterns. Additionally, results indicated that none of the three versions demonstrated incremental validity relative to the other versions. There were several limitations of the study including the use of dichotomous, self-report external correlate variables, the simultaneous collection of both predictor and outcome variables, and potentially limited generalizability of the data.

This Master's degree thesis addresses the issue of the decision making process about settlement of the relationship between parents and their underage children after their divorce or separation. The purpose of the thesis is to analyse current regulation of this field in the Czech Republic and evaluate changes brought about by new Civil Code Act No. 89/2012 Coll., which is coming into force on 1st January 2014. The thesis is composed of nine chapters. The chapter one starts with a description of the historical development of family law since the Austrian Civil Code of 1811 up to now with emphasis on situation of the minor child after parental divorce or separation. Its second part deals with new Civil code which includes the family law and government bill of civil procedure code with procedure concern the minor child. Chapter Two focuses on minor child and legal instruments concerning his protection when parents are getting divorce or do not live together. The chapter consists of three parts. Part one describes who are parents and who is child in the Czech civil law. Part two refers to the role of the court in protection of child's best interests. The third part seek to draw attention to participatory rights of the child. The following chapter, divided into four section, looks at the procedure in...

The diploma thesis deals with the issues of the concept of criminal custody. The aim is to discuss the appropriate effective legislation, point out some problematic issues related to it and provide a broader look at the institution of custody. The work is divided into 10 chapters, which are divided into two parts. Part 1 focuses mainly on the analysis of detention rules contained in Section 1 of Chapter 4 of the Criminal Procedure Code. Preceding this, personal freedom is defined, summarized from the perspective of constitutional law and the definition of personal freedom in international law, and an examination of the institution of custody and subsequently its general character in terms of criminal law is undertaken. The second part is then devoted to the four chosen issues in some way connected with the institution of custody and that in terms of the issue of the right to be heard in the remand proceedings, custody in juvenile proceedings, control mechanisms for upholding of the rights of persons in custody and a prisoner's right to vote.