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Sharing of parenting after divorce.Rahim, Rehana Bibi. January 2002 (has links)
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.
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In the best interests of the child? : a case study of the psychological discourses of the custody decision-making process in a South African contextDurrbaum, René January 2002 (has links)
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.
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Alternative dispute resolution in the best interests of the childVan Zyl, Lesbury January 1995 (has links)
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.
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The pursuit of paternal custodyPieterse, Johanna Tyziena January 2002 (has links)
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.
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Conflicted custody: the unfolding of a professional problem-determined systemFasser, Robyn Lesley 01 1900 (has links)
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)
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Experiences of professionals in drafting and implementing parenting plans in high-conflict separation and divorce matters in South AfricaCombrinck, Candice 02 1900 (has links)
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)
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Experiences of professionals in drafting and implementing parenting plans in high-conflict separation and divorce matters in South AfricaCombrinck, Candice 02 1900 (has links)
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)
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Konkretisering van ouerlike gesagsbevoegdhede - met besondere verwysing na regte van toegang by buite-egtelike kinders en gesamentlike toesig en beheer oor kinders in 'n serie-huwelikVan Westing, Amanda 12 August 2015 (has links)
LL.M. / Please refer to full text to view abstract
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Custody and guardianship of children: a comparative perspective of the Bafokeng customary law and South African common lawMalete, Molly Damaria. 20 August 2012 (has links)
LL.M. / This research is a comparative study of the provisions for guardianship and custody, including maintenance of the South African common law and customary law. In customary law the emphasis is on the law of the Bafokeng people which is a tribe chosen as group of the research. The purpose of this research is to analyze the provisions of guardianship, custody and maintenance applicable to these legal systems. The analysis is divided as follows: • Guardianship and custody: (i) during the marriage; after divorce; after death of parent(s); of an extra-marital child. • Maintenance of children: (i) during the marriage; after divorce; after death of parent(s); born outside marriage (extra-marital children). The objective is to highlight the similarities and differences between the provisions of these legal systems and to come up with the conclusion whether the one is more favourable than the other in catering for the needs and interests of its subjects. The conclusion will be governed by the following issues: • Which legal system caters for the interests of its subjects? • Which legal system accords with the provisions of the Constitution Act? • Which legal system protects the interests of the child best? Having come to that conclusion, the researcher aims at indicating laws which should be considered for reform.
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Die kliniese sielkundige en die toewysing van kinders in egskeidingsakeBurger, Martinus Charl 13 February 2014 (has links)
M.A. (Clinical Psychology) / The primary aim of this study is to investigate the different subsystems involved in a child custody case. By identifying the various patterns of interaction within each subsystem this work attempts to provide the clinical psychologist with a condensed frame of reference for the role of expert witness in cases of this nature. The study focuses therefore on the legal system in South Africa, the family system in the process of divorce as well as models of assessment used by practicing psychologists when giving expert testimony. In investigating the legal system, the study starts off by highlighting the premises from which the law derives its findings - in both constituted laws and judicial precedents. The best interests of the child as overriding standard is traced through various laws and judicial findings. The study then turns to the latest developments following the promulgation of the Mediation in Certain Divorce Matters Act no 24 of 1987. The hesitancy and doubts that prevail among practitioners of the law concerning this Act are noted. the study initially looks at divorce, then moves on to the the children subsystem.
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