A putative father registry represents a legal option for unmarried males who wish to secure legal notice regarding an adoption proceeding for a child they may have fathered. Putative father registries must balance the interests of the putative father against those of the child, the birth mother, and the adoptive parents. This study utilized a framework adapted from the Multiple Constituency Model and used social justice, as indicated by distributive justice and procedural justice, to determine the perceptions among primary constituency groups of the Virginia Putative Father Registry. This research utilized a mixed-methods approach to analyze qualitative data from focus groups in combination with quantitative results from an online survey. The results of the qualitative analysis revealed eight principal findings: First, nearly all putative fathers were unaware of the existence of putative father registry in general, or the Virginia Putative Father Registry in particular. Second, putative fathers were unaware that sex is legal notice in Virginia. Third, once aware of the concept of a putative father registry, the focus group males had positive opinions about putative father registries and the Virginia Putative Father Registry. Fourth, putative fathers preferred to receive notice through the mail regarding an alleged child. Fifth, putative fathers have a negative opinion of providing notice by posting it in newspapers. Sixth, promoting awareness of putative father registries needs to target male audiences and preferably have an interactive component. Seventh, putative fathers expressed strong positive feelings about knowing about a child they may have fathered being placed for adoption. Finally, single male participants in the focus groups were more convinced about the importance of a putative father registry in comparison to married male participants. Quantitative survey data indicated that putative fathers were perceived as the primary constituent group that would benefit the most from a putative father registry. The safeguard variable was significant as it relates to occupation, putative fathers and birth mothers. The study also found that survey respondents indicated that the general public was not aware of putative father registries, and this perception was borne out in focus group results.

Changes in juvenile justice are often attributed to increases in offending and media attention to crime. A "cycle" of reforms, which alternate between punitive and treatment type responses has been identified. This study explores the possibility that wider socio-political events also have implications for reforms. Nations in which welfare and juvenile justice systems are highly integrated, may exhibit different patterns of policy change than those observed elsewhere. Changes in juvenile justice policy in New Zealand and Sweden are examined. The implications of policy change for the rights and responsibilities of those involved in the juvenile justice system are also examined. This includes the State, juvenile offenders and their parents and the victims of crime. Particular attention is given to the status of parental rights.

Children who experience violence is one aspect of the work of social secretaries and is a complex assignment in their work. The purpose of this essay has been to understand how social secretaries describe their work within their discretion on children who experience violence. More specifically focus has been on cases where there is a lack of consent to voluntary interventions according to the Social Services Act and when compulsory care is not possible. Previous research about this specific situation is limited which makes this study necessary. The questions of this study had a focus on how social secretaries use their discretion in these cases, which challenges they meet in their work and also their reasoning on today´s legislation regarding children who experience violence. The method of this study has been qualitative semi-structured interviews with five social secretaries in three different municipalities in Sweden. Our results have been analysed with previous research and two theoretic starting-points, discretion and caring power. This study shows that knowledge about children who experience violence is an important part in the work of social secretaries and is a crucial factor in children’s right to protection. It also shows that parental rights to refuse interventions is a major aspect that prevents the possibilities of social secretaries to protect children who experience violence which the social secretaries describe as a difficult challenge. Another difficult challenge described was when parents deny that their children are experiencing violence and there is a lack of proof in the same time. The social secretaries in this study expressed a wish to have a possibility in the law to force parents of children who experience violence to receive interventions even though there is a lack of consent.

This dissertation looks at the position of the unmarried father in South Africa with regard to obtaining access to his illegitimate child. The writer has focused on three distinct eras in South African family law: the position of unmarried fathers in terms of: the common law; Natural Fathers of Children Born out of Wedlock Act; and the Children's Act. The writer has further focused on a case study. This is to emphasis the difficulty which unmarried fathers have when attempting to go through the courts to have access to his child. In terms of South African common law, fathers of illegitimate children did not have any form of parental authority over the child. The mothers of illegitimate children have full parental authority over such children. Access in terms of South African common-law is seen as an incident of parental authority. Unmarried fathers nevertheless had the right to approach the high court to obtain access to their children, if the mother of the child refuses to allow the father to have such access. In the late 1980's and early 1990's, there was an overwhelming amount of applications brought by unmarried fathers in the high courts so as to obtain access to their illegitimate children. The case of Van Erk v Holmer 1992 (2) SA 636 (W) sparked victory for unmarried fathers when the learned judge held that all unmarried fathers of children have an inherent right of access to their children. This victory was short-lived. Subsequent case law and in particular the case of B v S 1995 (3) SA 571 (A) enforced the common law and held that unmarried fathers do not have an automatic right to their illegitimate children and that such fathers will have to apply to the high court for such access. Due to the increase in litigation in the late 1980's and early 1990's regarding a father's access to his child born out of wedlock the Natural Fathers of Children Born out of Wedlock Act commenced on 4 September 1998. The South African legislature adopted the approach taken in the case of B v S 1995 (3) SA 571 (A) and rejected the approach taken in the case of Van Erk v Holmer 1992 (2) SA 636 (W) ie the common law continued to remain the approach taken in South Africa. Legislators recognised that the approach taken in the Natural Fathers of Children Born out of Wedlock Act does not conform to the provisions of the African Charter of the Rights and the Welfare of the Child, the United Nations Convention on the Rights of the Child and equality and dignity provisions of the Constitution of the Republic of South Africa. On 19 June 2006, the Children's Act was effected and will commence once promulgated in the Government Gazette. The writer then determines whether the Children's Act has in practice changed the position of the unmarried father. / JURISPRUDENCE / LLM

The best interests of the child are paramount in every matter concerning the child. This applies in the case of adoption of a child as well. When an adoption is intercultural, culture is an issue to be taken into account. This study is undertaken to consider the role that culture should play in a decision whether an adoption is in the best interests of the child. In order to determine whether intercultural adoption is a viable option that serves the best interests of the child, interracial adoption also needs to be focused on, as intercultural adoption is often also interracial. The research for this thesis is done from a South African legal perspective, although some interdisciplinary and international research is necessary as well. A brief historical overview of adoption in South Africa is undertaken, as it is important to have some background knowledge about adoption in South Africa in order to understand why race and culture are relevant in the South African adoptive system. The role of the family in the life of the child is investigated. The difference between family care, parental care and alternative care is researched. Thereafter the role of emotional bonding for a child, also known as attachment, is focused on. An important question is whether race and culture is the same thing. This is researched, whereafter the role of race and culture in the adoption process is investigated. The relevant provisions of the Child Care Act 74 of 1983,which regulates adoption in South Africa, are compared to the relevant provisions of the Children’s Act 38 of 2005, which will regulate adoption in South Africa soon. Finally, some conclusions are drawn, shortcomings are highlighted and possible solutions are suggested. The outcome of this thesis should provide some guidance to those involved in the adoption process with regard to the factors that are important in determining the best interests of the child in an intercultural adoption. / Law / LL.D.

The grounds for asserting that parents of all cultures can be held responsible and accountable for the care and education of their children derive from sources such as the primordial nature of humanity, the precepts of state statutes and international protocols that refer to educational issues and the tenets of scripts that apply to adherents of a particular philosophy of life - for example the Bible as the guide for parents who subscribe to a Christian philosophy of life. The issue of parental say in formal education as provided for in current education legislation is perhaps not an entirely unique development. In this thesis the development of the concept of parental responsibilities and rights in relation to formal schooling in South Africa during the Colonial period was investigated. An attempt was made to determine what Colonial parents - who were predominantly Protestant Calvinist and who consequently subscribed to a Christian philosophy of life - did to ensure that their children's formal education met with their approval and fulfilled their expectations. A further aspect examined related to the identification of the specific issues in education that these parents believed they should be afforded the right to regulate in order to ensure that their children's formal education - as an extension to their primary education - conformed with the fundamental principles of their philosophy of life. The research affirmed the significance a philosophy of life holds for the perception of what it is that constitutes authentic education. It can consequently be concluded that parental involvement in formal schooling should not be seen as intrusion in a realm beyond the jurisdiction of the parent, but as cases of judgement, discernment and selection dictated by the parent's philosophy of life. / Educational Studies / D. Ed. (History of Education)

This dissertation looks at the position of the unmarried father in South Africa with regard to obtaining access to his illegitimate child. The writer has focused on three distinct eras in South African family law: the position of unmarried fathers in terms of: the common law; Natural Fathers of Children Born out of Wedlock Act; and the Children's Act. The writer has further focused on a case study. This is to emphasis the difficulty which unmarried fathers have when attempting to go through the courts to have access to his child. In terms of South African common law, fathers of illegitimate children did not have any form of parental authority over the child. The mothers of illegitimate children have full parental authority over such children. Access in terms of South African common-law is seen as an incident of parental authority. Unmarried fathers nevertheless had the right to approach the high court to obtain access to their children, if the mother of the child refuses to allow the father to have such access. In the late 1980's and early 1990's, there was an overwhelming amount of applications brought by unmarried fathers in the high courts so as to obtain access to their illegitimate children. The case of Van Erk v Holmer 1992 (2) SA 636 (W) sparked victory for unmarried fathers when the learned judge held that all unmarried fathers of children have an inherent right of access to their children. This victory was short-lived. Subsequent case law and in particular the case of B v S 1995 (3) SA 571 (A) enforced the common law and held that unmarried fathers do not have an automatic right to their illegitimate children and that such fathers will have to apply to the high court for such access. Due to the increase in litigation in the late 1980's and early 1990's regarding a father's access to his child born out of wedlock the Natural Fathers of Children Born out of Wedlock Act commenced on 4 September 1998. The South African legislature adopted the approach taken in the case of B v S 1995 (3) SA 571 (A) and rejected the approach taken in the case of Van Erk v Holmer 1992 (2) SA 636 (W) ie the common law continued to remain the approach taken in South Africa. Legislators recognised that the approach taken in the Natural Fathers of Children Born out of Wedlock Act does not conform to the provisions of the African Charter of the Rights and the Welfare of the Child, the United Nations Convention on the Rights of the Child and equality and dignity provisions of the Constitution of the Republic of South Africa. On 19 June 2006, the Children's Act was effected and will commence once promulgated in the Government Gazette. The writer then determines whether the Children's Act has in practice changed the position of the unmarried father. / JURISPRUDENCE / LLM

The best interests of the child are paramount in every matter concerning the child. This applies in the case of adoption of a child as well. When an adoption is intercultural, culture is an issue to be taken into account. This study is undertaken to consider the role that culture should play in a decision whether an adoption is in the best interests of the child. In order to determine whether intercultural adoption is a viable option that serves the best interests of the child, interracial adoption also needs to be focused on, as intercultural adoption is often also interracial. The research for this thesis is done from a South African legal perspective, although some interdisciplinary and international research is necessary as well. A brief historical overview of adoption in South Africa is undertaken, as it is important to have some background knowledge about adoption in South Africa in order to understand why race and culture are relevant in the South African adoptive system. The role of the family in the life of the child is investigated. The difference between family care, parental care and alternative care is researched. Thereafter the role of emotional bonding for a child, also known as attachment, is focused on. An important question is whether race and culture is the same thing. This is researched, whereafter the role of race and culture in the adoption process is investigated. The relevant provisions of the Child Care Act 74 of 1983,which regulates adoption in South Africa, are compared to the relevant provisions of the Children’s Act 38 of 2005, which will regulate adoption in South Africa soon. Finally, some conclusions are drawn, shortcomings are highlighted and possible solutions are suggested. The outcome of this thesis should provide some guidance to those involved in the adoption process with regard to the factors that are important in determining the best interests of the child in an intercultural adoption. / Law / LL.D.

The grounds for asserting that parents of all cultures can be held responsible and accountable for the care and education of their children derive from sources such as the primordial nature of humanity, the precepts of state statutes and international protocols that refer to educational issues and the tenets of scripts that apply to adherents of a particular philosophy of life - for example the Bible as the guide for parents who subscribe to a Christian philosophy of life. The issue of parental say in formal education as provided for in current education legislation is perhaps not an entirely unique development. In this thesis the development of the concept of parental responsibilities and rights in relation to formal schooling in South Africa during the Colonial period was investigated. An attempt was made to determine what Colonial parents - who were predominantly Protestant Calvinist and who consequently subscribed to a Christian philosophy of life - did to ensure that their children's formal education met with their approval and fulfilled their expectations. A further aspect examined related to the identification of the specific issues in education that these parents believed they should be afforded the right to regulate in order to ensure that their children's formal education - as an extension to their primary education - conformed with the fundamental principles of their philosophy of life. The research affirmed the significance a philosophy of life holds for the perception of what it is that constitutes authentic education. It can consequently be concluded that parental involvement in formal schooling should not be seen as intrusion in a realm beyond the jurisdiction of the parent, but as cases of judgement, discernment and selection dictated by the parent's philosophy of life. / Educational Studies / D. Ed. (History of Education)

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.