Abstract, key words Title of the thesis: Shared residence in Czech and German law The aim of this thesis is to compare the approach to shared residence in the legal order of the Czech Republic and the Federal Republic of Germany, i.e. to find out to what extent the approaches of these countries to shared residence differ. This is examined in relation to selected issues which courts had to deal with when deciding on the shared residence, i.e. the influence of the child's wishes, the parents' will, their ability to communicate and long distance between the parents' households on the suitability of shared residence. Special attention is paid to the presumption of shared residence, or shared residence as a rule. The thesis focuses on the effective regulations. The thesis is divided into three parts. The first part deals with the Czech regulation of the shared residence. The individual chapters explain basic terminology, sources of law, legal regulation of shared residence, case law on the selected issues, including the presumption of shared residence, and some of the specifics of maintenance obligation. The second part of the thesis follows the same structure as the first part. However, there is a special chapter regarding drafts on shared residence as a rule. The third part compares the findings made in the...

This diploma thesis deals with contemporary family, in particular by ensuring the best interests of the child during the parents' divorce and post-divorce in care. The theoretical part introduces the characteristics of the contemporary family, as a result of socio-cultural development of society, and then attempts to put forward the concept of the current healthy family, as the possibility of a positive direction. It deals with the causes and manifestations of families at risk to stability, the question of divorce of parents in relation to a child after divorce and child care. It introduces the possibility of using supportive and protective services social and legal protection of children under current legislation. The subject of the practical work is still continuing casuistry's growing conflict divorce of parents, which resulted in threatening condition child's healthy development. The research focuses primarily on the way to fulfilling the practice of social and legal protection. Analyzes processes work, looking for the main obstacles to ensure the best interests of the child and trying to find possible solutions support and child protection. KEY WORDS
 The best interests of the child, a healthy family, divorce, social and legal protection, system connection

<p>The United Nations Convention on the Rights of the Child (UNCRC) was ratified by Sweden in 1990. Among its principles is devotion to the best interests of the child (article 3). This principle is hard to define, and it is difficult to find studies on how children express themselves about how the convention should be realized. The Swedish government wants local councils to introduce routines that follow the proposed rights. The Swedish school system is an important arena where UNCRC’s rights can be put into practice. This study’s purpose is to discover how the Swedish upper secondary schools follow article 3, using pupils’ description of what is best for them as a starting point. Two pupil focus-group interviews have been used to obtain this description, and the pupils views were divided into four main themes: Security, Reception, Studies and development and Influence. These were converted into questionniares for two schools. The result was analyzed using empowerment and SOC (sense of coherence) as theoretical perspectives. Some answers differed between the schools as to how the principle of article 3 is fulfilled. The majority of the pupils are happy with their schools, in spite of difficulties with structural conditions and that life at school isn’t always on the pupils’ conditions.</p>

The United Nations Convention on the Rights of the Child (UNCRC) was ratified by Sweden in 1990. Among its principles is devotion to the best interests of the child (article 3). This principle is hard to define, and it is difficult to find studies on how children express themselves about how the convention should be realized. The Swedish government wants local councils to introduce routines that follow the proposed rights. The Swedish school system is an important arena where UNCRC’s rights can be put into practice. This study’s purpose is to discover how the Swedish upper secondary schools follow article 3, using pupils’ description of what is best for them as a starting point. Two pupil focus-group interviews have been used to obtain this description, and the pupils views were divided into four main themes: Security, Reception, Studies and development and Influence. These were converted into questionniares for two schools. The result was analyzed using empowerment and SOC (sense of coherence) as theoretical perspectives. Some answers differed between the schools as to how the principle of article 3 is fulfilled. The majority of the pupils are happy with their schools, in spite of difficulties with structural conditions and that life at school isn’t always on the pupils’ conditions.

Family reunification for unaccompanied refugee minors is one of the most debatable issues when it comes to deciding whether it should be viewed as a right or it can be justifiable for states to completely prevent it and rather provide it only as a privilege. The discussion in the legal sphere proved that the issue is still problematic in both international and European laws. In this thesis, I have analyzed this issue through assessing the three claims that were provided by the United Kingdom for its negative position on the case. Through the lens of the child’s best interests’ principle, the non-discrimination principle, and the global distributive justice theory, I argued for considering family reunification as a right rather than a privilege. Children should always be treated as children. It cannot be justifiable for states to completely prevent them from being reunited with their families for being refugees.

Denna studies syfte är att beskriva socialsekreterares upplevelse av utredningsarbetet när en eller båda föräldrarna har en intellektuell funktionsnedsättning. För att svara på studiens syfte har vi intervjuat sex socialsekreterare som arbetar med och har erfarenhet av föräldrar med en intellektuell funktionsnedsättning. Studiens empiriska material bygger på en kvalitativ semistrukturerad intervjuform. Studiens insamlade datamaterial har analyserats med hjälp av tidigare forskning samt socialkonstruktionism och stigma som är studiens två teoretiska perspektiv. Resultatet är uppdelat i två huvudtema, vilka är Föräldraförmåga och Utredningsarbete. Huvudtema A har två underteman och huvudtema B har tre underteman. Studiens resultat visar att samtliga av de intervjuade socialsekreterarna upplever att barnets bästa är ett komplext begrepp, då varje barn är unikt med unika behov. Resultatet visar även att det kan finnas svårigheter för en förälder med en intellektuell funktionsnedsättning att tillgodose sitt barns behov, men att det inte är knutet till den intellektuella funktionsnedsättningen utan alla bedömningar måste göras individuellt. / The purpose of this study is to describe the social secretary's experience of investigation work when one or both parents have an intellectual disability. To answer the study's purpose, we interviewed six social secretaries who work with and have experience with parents with an intellectual disability. The empirical material of the study is based on a qualitative semi-structured interview form. The study's collected data has been analyzed using previous research on social constructionism and stigma, which provide the study's two theoretical perspectives. Result are divided into two main themes: parental ability and investigation work. Main theme A has two sub-themes and main theme B has three sub-themes. The study shows that all of the interviewed social secretaries feel that the child's best interests are a complex concept, since each child is unique with unique needs. It may be difficult for a parent with an intellectual disability to meet their child's needs, but that this is not directly linked to the intellectual disability, therefor all assessments must be made individually.

I have written an essay about children's best interests in relation to sleep. As a starting point, I have used two stories and the dilemmas from my working life. The first story depicts asituation where I go against the guardians’ interests that their child should not sleep by lettingher fall asleep anyway when she is unable to stay awake. In the second, a situation is portrayed with a child who does not show any need for sleep but who I still received instructions to get to sleep. The purpose of this essay is to explore the term child's best interests and what it means in relation to children's sleep. The questions I have started fromare: How can the wording of the child's best be interpreted in relation to the sleep problems at preschool? Why is there so little trust in educators' professional opinions about sleep? Howcan I find the balance between my own experiential knowledge and what the family claims istheir best? This essay is divided into three different parts. A deep dive into the term the child's best interests and what it means to me as a preschool teacher seen from the perspective of laws and preschool governing documents. A scientific part where I explain the biological effects of sleep through research and scientific articles. Finally, there is a theoretical part where I start from Aristotle's concept of knowledge and Dreyfus &amp; Dreyfus' theory of the acquisition of practical knowledge. Through these theories of practical knowledge, I land in proximityethical reasoning and its significance for my professional role. The term child's best interests according to laws and governing documents leaves no room for interpretation for me as a preschool teacher during the time I am responsible for the child inquestion. How collaboration between preschool and home should take place, however, isunspoken even if the goal of collaboration is clear. Research has reported that night sleep is disturbed by midday naps due the total sleep per day is constant. However, it has also shownthat sleep is important for learning and memory. Furthermore, I have emphasized the importance of good sleep hygiene as there has been no research that has shown that difficulty sleeping in the evening is due to loss of midday naps. The practical knowledge together with the proximity ethics is about being able to interpret a child's need for sleep and determine the balance between teaching and care.

The aim of this study was to understand which factors that lay the foundation for social workers’ custody investigations and the judges’ decisions in custody disputes. Additionally, it was to examine the social workers’ and the judges’ views on children’s’ rights in this process. The study was based on qualitative research where six semi-structured interviews were conducted. Four social workers and two judges working with custody- investigations, and disputes were interviewed. The analysis consists of two key concepts: the concept of discretion and child sociology. The result shows that judges and social workers experience difficulties with interpreting the best interest of the child, that there are different perceptions about when lone and joint custody should be considered and how to best design the rights of access. A common consensus among the interviewees with regards to the best interest of the child, is that each situation requires an individual interpretation while considering necessary safety aspects. Social workers’ statements tend to dominate how the best interests of a child is defined in a judge’s decision. Both professions find ways to accommodate the best interests of the child, even though it does not always turn out ideal. There is a strong believe that the child’s voice is governing the decision, even though our study shows that it is not always considered in the custody investigations nor in court.

Compulsory care of a child is one of the most intrusive interventions that can be made in a child's life, but a protective task that social services have been obliged to carry out. In the case of compulsory care of a child, the social secretary is faced with a number of different difficulties and dilemmas that can be linked to coercion in LVU legislation and consideration of the child's best interests. The aim of this qualitative study is to investigate social workers, in social services' child and family investigation, experience of how the child's best interests are taken into account in LVU processes och what thoughts and ethical dilemmas arise for social workers in connection to the LVU process in the meetings with children and parents, and also how can this be understood in relation to their professional role. By using an interview based qualitative method, this study strives to reach a deeper understanding of social workers' experience of the subject matter. The results of this study shows that the experience of the child's best interests is a concept that social workers must constantly define and describe as situational, based on the child's situation. A common description of the child's best interests is that it is a concept that needs a definition and frame of reference, as the lack of a definition makes it more difficult for social workers to consider what is in the child's best interests. This study reaches the conclusion that social workers experience the LVU process to be harmful to the relationship between both children and parents, and parents and social services. Based on this, the social workers felt that it was a huge ethical dilemma to use LVU, as the implementation of the LVU law was both emotionally stressful and comes with its limitations. This despite knowing that LVU should function as a protection for the child and its best interests.

Within the Brazilian strategy to reform out-of-home care services, efforts have been directed to the prioritization of foster care over congregate care. This study draws from the perspective that childhood is socially construed, therefore child protection systems are dependent of notions and ideals of childhood, especially concerning the child deprived of parental care. Interviews with ten professionals involved in the implementation and execution of foster care services in different cities were conducted for this study. Thematic analysis of interviews was triangulated with the contents of National Guidelines for out-of-home care services and legal provisions with the aim of investigating how ideas on children deprived of parental care and their best interests are translated into practice. Three research questions guided the study: (1) how participants perceive the out-of-home care reform and the provisions of rights in different care modalities, especially regarding how children placed in different types of out-of-home care are perceived, (2) how participants view children’s best interests and which practices are believed to secure them and (3) how practitioners’ views relate to the contents of the National Guidelines. Five themes emerged in the analysis: a scientific and legal defense of (1) foster care as the most up to date form of out-of-home care, the prioritization of (2) children’s needs for individualized parental care, that (3) practitioners’ strong discretion is conditioned by foster families’ choices, that (4) institutionalization and group are detrimental to children, and the invocation that (5) children must be onboard. The study concludes that a clearer conceptualization of the rights and bests interests of children deprived of parental is required to better inform the reform of child protection and its practices, where consideration to children’s participation could be extended over acceptance to decisions.