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)

LL.M. / Please refer to full text to view abstract

The thesis is divided into two sections. Section 1 explores the psycho-social and legal constructions of family, parenting and children that have influenced judicial decision-making in parenting disputes following separation and divorce. Particular attention is paid, first, to the circumstances surrounding the shift from paternal to maternally-based presumptions about the parenting of children; and second, to the more recent and somewhat puzzling shift to a presumption of gender neutrality. The extent to which fault has continued as a less overt decision-making criterion is also considered. In Section 2, judgements in recent closely contested parenting cases in the Family Court of Australia are analysed as contemporary socio-legal narratives. A systematic, in-depth examination of a heterogeneous sample of publicly accessible cases revealed that gender-based assumptions continue to dominate judicial thinking about parenting and family structure. In particular, it was found that outcomes that favoured mothers correlated with perceived evidence of conformity to a maternal stereotype of self-sacrifice on behalf of the child(ren). Outcomes favouring fathers usually resulted from situations in which mothers were judged to fall short of these stereotyped expectations. Fathers� roles, even in cases in which their applications were successful, generally continued to be equated with breadwinning and support. Their capacities as nurturers to their children were either not mentioned or treated with scepticism. In the light of the findings, tensions between continuing gender-based roles in families, public attitudes to parenting and preferred family structure, and recent changes in our scientific knowledge base regarding gender and parenting are reviewed. Implications of the persistence of the breadwinning/nurturing dichotomy both within the Australian culture and family court judgements are discussed. Particular attention is drawn to the impact of the confused circumstances in which gender-neutral parenting principles came about in the 1970s.

Diss. Göteborg : Göteborgs universitet, 2006. / Med sammanfattning på engelska.

This thesis explores the inclusion of race as a factor for consideration in the best interest of the child test for custody and access determinations through the lens of Critical Race Theory and Critical Race Feminism. This thesis contributes to the ongoing feminist discussions and debates on the benefits and risks of including race in the best interest of the child test since the death of Bill C-22 An Act to Amend the Divorce Act. Through a review of family law reform and Van de Perre v. Edwards, the leading case to articulate that race is a relevant factor, I will highlight how race has come to be interpreted. Interviews were conducted with women advocates and lawyers who primarily advocated for racialized women and children in custody and access determinations. Their lived experiences of the challenges and struggles that racialized women experience in family law, particularly, the best interest of the child test, assist in providing a counter-story to White mainstream family law discourse.

The thesis is divided into two sections. Section 1 explores the psycho-social and legal constructions of family, parenting and children that have influenced judicial decision-making in parenting disputes following separation and divorce. Particular attention is paid, first, to the circumstances surrounding the shift from paternal to maternally-based presumptions about the parenting of children; and second, to the more recent and somewhat puzzling shift to a presumption of gender neutrality. The extent to which fault has continued as a less overt decision-making criterion is also considered. In Section 2, judgements in recent closely contested parenting cases in the Family Court of Australia are analysed as contemporary socio-legal narratives. A systematic, in-depth examination of a heterogeneous sample of publicly accessible cases revealed that gender-based assumptions continue to dominate judicial thinking about parenting and family structure. In particular, it was found that outcomes that favoured mothers correlated with perceived evidence of conformity to a maternal stereotype of self-sacrifice on behalf of the child(ren). Outcomes favouring fathers usually resulted from situations in which mothers were judged to fall short of these stereotyped expectations. Fathers� roles, even in cases in which their applications were successful, generally continued to be equated with breadwinning and support. Their capacities as nurturers to their children were either not mentioned or treated with scepticism. In the light of the findings, tensions between continuing gender-based roles in families, public attitudes to parenting and preferred family structure, and recent changes in our scientific knowledge base regarding gender and parenting are reviewed. Implications of the persistence of the breadwinning/nurturing dichotomy both within the Australian culture and family court judgements are discussed. Particular attention is drawn to the impact of the confused circumstances in which gender-neutral parenting principles came about in the 1970s.

Thesis (M.S.W.)--Smith College School for Social Work, Northampton, Mass., 2009. / Includes bibliographical references (p. 79-82).

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.

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.

Male batterers -- Paternal custodial challenges -- Support payment arrearage -- Income levels of fathers -- Violent fathers -- Nonviolent fathers -- Initiation of court appearances -- Gender of children.