Thesis (LLM)--Macquarie University, Division of Law. / Bibliography: leaves 192-208.

Thesis (M.S.W.)--Smith College School for Social Work, Northampton, Mass., 2009. / Includes bibliographical references (p. 76-79).

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.

Issues concerning children may be the most intense and emotive areas of divorce and can lead to spectacular legal battles. Social work practice revealed that it is often the father who leaves the court, stripped of his fatherhood by a court order that only grants him limited access to his own children. Some divorced fathers disengage from their children's lives but there is documented evidence of South African fathers who desire continuity in their relationships with their children after divorce. An interest in these fathers prompted this study. Fathers who challenged maternal custody were selected since it was assumed that their lived experiences would include non-custodial as well as custodial fatherhood. The study was approached from a constructivist position and was further informed by a family systems theory. South African and international literature was perused followed by an exploratory study on the relatively uncharted terrain of paternal custody. A qualitative method was used and one unstructured interview with a schedule was conducted with each of the five respondents who were selected according to non-probability purposive sampling methods. Interviews were recorded and transcribed verbatim. Data was analysed cross-sectionally around certain themes and categories that were extracted from the data. The most significant findings of the study which appear to resemble some earlier national and international findings, are summarised as follows: Some fathers appear to have sound motives for pursuing custody of their children. These fathers, if afforded the opportunity, find fulfilment in parenting their children whom they perceive to be happy and prosperous in their care. There are fathers in whom divorce causes clear and profound signs of distress which appear to be related to the loss of the pre-divorce father I child relationship. The feeling of powerlessness to effect the well-being of their children as they see it was emphasised. Recommendations generated from these findings relate to the elimination of gender bias from custody decisions, including fathers in therapeutic interventions with divorced families and the provision of family courts and mediation services as suggested in the White Paper for Social Welfare. Recommendations for future research are also presented.

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

No description available.

No description available.

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)

This study focused on the experiences of professionals in drafting and implementing parenting plans with high-conflict separating and divorcing families in the South African context. The primary aim of the study was to explore the participants’ personal and professional experiences through an in-depth and sensitive inquiry. The data was collected from five participants using face-to-face, semi-structured interviews. The interviews were analysed using thematic analysis. The results of this study indicate that professionals experience various challenges when working with high-conflict separating and divorcing families. The participants also shared their perceptions regarding parenting plans. Further research on the challenges specific to drafting and implementing parenting plans with high-conflict separating and divorcing families in the South African context is recommended / Psychology / M.A. (Clinical Psychology)