The aim of this study is to look how the Social Service has handled custody issues. The study has a legal and social aspect with a purpose to investigate how the law affects the social administration as well as the family. During a period of one year a quantitative and qualitative study was performed within the social administration in a nearby community. The study focus is partly on the relationship between the law, family and society. The main questions have been: Which one of the parents, mother or father, did in fact get the custody and why? How has the children’s point of view been reported in the inquiry? A child needs a well organized everyday life in a preferably conflict free environment. The result shows that the mothers are most often presented as the child’s main provider but it´s not related to gender. The main reason is the child´s need to stability, security and structure in everyday life and therefore the authority often chose to not change the child´s existing resident and surroundings. We have also found out that more focus must be put on the child’s wish, they need to be considered. For the best interest of the child!

Shared custody has risen to the fore as one of the most contentious issues facing family law justice systems. Ongoing efforts to implement or contemplate legislative reforms to prescribe a rebuttable presumption for shared custody have been central. Drawing on in-depth, retrospective qualitative interviews with 28 young adults between 18 and 25 years of age, this researcher conducted a thematic analysis and examined children’s perspectives and motivations regarding transitions into and out of shared custody, relationships with parents, and their sense of fairness around decision-making. The dissertation research is presented in a ‘publications format’ and contains an introduction, three self-contained journal-ready publications and an overarching discussion. The introduction provided an overall review of the literature and presented a developing model for tying together the complex strands of existing theoretical and empirical literature. Paper one focused how and why transitions into and out of shared custody happen. Drawing on the metaphor of alchemy, the analysis illustrated that shared custody is not a short-cut to a successful custodial arrangement or parent-child relations. Shared custody blends together complex interactions among elements related to the child’s living situation, maturation and changing notions of fairness, flexibility, the push and pull of relationships, and in some instances, rigid enforcement. The second paper highlighted how participants’ utilized the business strategy of “managing-up” and illustrated how children are active agents in navigating post-separation family relations finding ways to exert their agency to help and protect siblings, manage parental conflict, maintain shared custody to shield their parents and siblings from emotional hurt and initiate contact to maintain parent-child relationships. Including children’s voices in custodial decision-making is predicated on a rights-based doctrine that children ought to have input on decisions that affect their best interests. Participants felt that young children (13 years or less) should have input in how their arrangements were constructed, but not the final say about the type of custodial arrangement. There was general consensus that adolescents (about age 14), should have considerably more input. A final overarching discussion chapter integrated the three papers with the model presented in the introduction and suggests implications for policy and practice.

The diploma thesis titled Judges? attitude toward the project ?People replacing the walls? is mainly concerning juvenile delinquency ending in custody, its alternatives, and it also introduces German company?s project EJF Lazarus, that could become another effective alternation of the custody institution also in the Czech Republic. The goal of the diploma thesis is to make a survey of the judges? attitude toward juvenile delinquency that ends in custody. The thesis is also aimed to find out more about awareness of Czech judges who work mainly on juvenile justice of the project of the German company EJF Lazarus Menschen statt Mauern/People replacing the walls, as well as to make a survey of attitudes that judges have toward the project and if they would appreciate foundation of similar institution in the Czech Republic. There was used qualitative research in the diploma thesis. To collect the data there were used the interview method and the technique of semi-structured interview. The research group consisted of 10 judges (5 females and 5 males) who were engaged in justice concerning matters of juveniles at the county and region courts in Prague, Central, and South Bohemia. The goals of the thesis were accomplished. Investigation results showed that judges? awareness of the project ?People replacing the walls? is minimal. After the judges had learnt more about the key idea and contents of the project, they rated it positively unlike present modification of custody institution for young offenders. The diploma thesis is concerning also alternative arrangements replacing the custody that also have their imperfections. The implementation of Czech version of the project ?People replacing the walls? could help to remove some of these shortages. The contribution of the thesis lies in the survey that provides the view of judges? opinion on juvenile delinquency ending in custody and on the project People replacing the walls. The diploma thesis also helps to enlarge it. To implement the Czech version of the project People replacing the walls, I would recommend carrying on with informing the judges about the project. Additionally, I would recommend finding out what attitudes toward the project keep various educational institutions and determining what are the conditions under which would be possible to implement the philosophy of the project People replacing the walls in there.

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.

Criminal custody as a means of ultima ratio Abstract This diploma thesis deals with a custody in criminal proceedings as an institute which should, due to its strong intervention to personal liberty, be used in the uttermost cases. Although this conception has been enforced to the legal theory and also to the czech legislation for many years, it is necessary to state that practice has considerable reserves in this respect. With respect to planned recodification of criminal procedural law which could reflect needs of aplication, this thesis tries to look at custody in a broad scope focusing on options of subsitution of custody. Due to the fact that the custody cannot be perceive only within the limits of criminal law, the first chapter is devoted to guaranteed freedom on the constitutional level, i. e. personal freedom. To understand a context, the development of this fundamental freedom is briefly described. This thesis also submits its conception on the international and national standards. In relation to the custody, this chapter includes the solution of whether detention restricts personal freedom or deprives individuals of it. It also summarizes three fundamental principles od criminal proceedings which are strongly connected with the custody. The second chapter deals with custody directly. First it...

This thesis deals with the topic of means of substitution of custody. These means are milder than a custody itself which out of all the securing institutes of criminal procedural law can interfere with the rights of the individual in a most severe way. Custody must always be duly substantiated and applied only when necessary. Even if the custody of the accused is fully justified by legal facts, it is still necessary, in accordance with the exceptional nature of this institute, to examine whether it cannot be replaced by more lenient measures that can fulfil its purpose and at the same time are less restrictive in terms of basic human rights. The aim of my work is to examine such means of substitution of custody. The work is divided into four chapters. In the first chapter I characterize the institute of custody, its purpose and the reasons for which the accused can be taken into custody. This is the basis for other parts of this thesis, as the substitution of custody is linked to the custody itself inextricably. In the second chapter I follow the gradual development of substitution of custody. With the gradual increase in the level of basic human rights and freedoms, means of substitution of custody have been added accordingly. The chapter contains these developments from 1918 to present. The historical...

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Syftet med studien är att bidra med kunskap kring hur diskurser konkurrerar om vad som är barns bästa och hur dessa styr tingsrättens beslut vid vårdnadstvister när det finns uppgifter om pappans våld mot mamma och eventuellt barn. Det empiriska materialet utgick ifrån 14 domar där det fanns uppgifter om pappans våld inom familjen. Tingsrätten hade som uppgift att döma huruvida vårdnaden skulle vara gemensam eller ensam för föräldrarnas gemensamma barn. Studien är kvalitativ och Norman Faircloughs diskursanalys används både som teori och metod tillsammans med socialkonstruktionism, med betoning på genus som social konstruktion. Resultatet i studien visar på två diskurser som tingsrätten motiverar sina beslut utifrån, där båda syftar till att argumentera eller göra trovärdigt vad som är för barnets bästa. I ”behovsdiskursen” betonas vikten av en god och nära relation till båda föräldrarna, emedan ”riskdiskursen” betonar risken för att barnet kan fara illa. Dessa två diskurser påverkar domstolens syn på föräldrarnas samarbete, vilket i sin tur påverkar tingsrättens beslut om gemensam respektive ensam vårdnad. Även på vilket sätt tingsrätten tar upp våldet och benämner våldet påverkas också utifrån vilken av de två diskurserna som råder. Inom behovsdiskursen bedömdes samarbetet som tillräckligt bra vid minsta möjliga tecken på att föräldrarna kunde enas i olika gemensamma beslut rörande barnet, vilket resulterade i gemensam vårdnad. Uppgifter om våld från pappan omformulerades eller omnämndes aldrig, vilket gjorde att våldet inom behovsdiskursen förminskades och fick en underordnad betydelse. Inom riskdiskursen bedömdes det svåra samarbetet mellan föräldrarna utgöra en risk för att barnet skulle fara illa, vilket gjorde att utfallet här blev ensam vårdnad. Inom riskdiskursen synliggjordes och problematiserades våldet i mycket högre grad. / The purpose of the study is to contribute with knowledge about how discourses compete for what is in the best interests of the child and how these govern the district court's decisions in custody disputes when there is information about the father's violence against the mother and any children. The empirical material was based on 14 judgments where there was information about the father's violence within the family. The district court's task was to judge whether custody should be joint or single for the parents' common children. The study is qualitative and Norman Fairclough's discourse analysis is used both as a theory and method together with social constructionism with emphasis on a gender perspective as an additional theory. The results of the study show two discourses from which the district court justifies its decisions, there both aim to argue or make credible what is in the best interests of the child. The “Discourse of needs” emphasizes the importance of a good and close relationship with both parents, while the “Discourse of risk” emphasizes the risk that the child may be harmed. The court's reasoning regarding the parents' cooperation is affected by which of the two discourses prevails. The way in which they address the violence and denominates it violence is also affected on the basis of the discourse on which the court is based. Violence tended to be deminished in both discourses, however, it became clear within the discourse of needs.

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)

The purpose of this law-sociological study was to, on the basis of the District Court's decree to single custody, analyze the District Court’s comprehensive ideas and fall-oriented interpretations of the concept of the best interest of the child and the way they are constructed in connection with the District Court's application of the new law regulation of 6kap. 5§ FB regarding collaboration between parents. Our empirical data consisted of ten decrees to single custody. The decrees were examined and analyzed on the basis of social constructionism as a theory and the idea-analysis as the study's method. Legal sources such as law and its legislative history and the law inSwedenandScandinaviain general, with both domestic and international previous research, gave us initial knowledge in the area which gradually grew during the study. Results show that sweeping presumptions for single custody, with vague connections between single child's best interest and decisions about single custody based on the parents' lack of cooperation, can be glimpsed in several of the judges' texts. The District Court’s ideas/interpretations of the concept of the best interest of the child reach for the most part in the decrees where an individual assessment has been made.