Thesis (MA)--Stellenbosch University, 2002. / ENGLISH ABSTRACT: An exploratory study was undertaken to examine the possibility of rendering family reunification services from within children's homes. The goal of the study was to make recommendations with regard to the implementation of this service by children's homes. A literature study was undertaken to investigate the effect of a child's statutory removal, examine the existing government policy regarding children and families. The theory and unique characteristics of family reunification services were also investigated. The social workers from the four children's homes in the Western Cape that are managed by a commission of the Dutch Reformed Church were involved in the empirical study. The social workers each had to complete a questionnaire regarding their opinion about the rendering of family reunification services from within the children's homes. The results showed that the majority of the social workers were in favour of the rendering of family reunification services, but they felt that it should be undertaken in conjunction with the external organizations, that referred the children to them. Several obstacles in the rendering of this service was also identified by this study. It was also found that the majority of the children in the children's homes have been there for longer than two years, which further accentuated the necessity of this service. Based on the findings of the literature study, as well as the results of the empirical study recommendations were made regarding the implementation of family reunification services as a co-operative effort between the children's homes and other relevant external organizations. These recommendations are applicable to other children's homes with cognisance of their individual differences. / AFRIKAANSE OPSOMMING: en Verkennende studie is onderneem om die moontlikheid te ondersoek vir die lewering van gesinsherenigingsdienste vanuit die kinderhuis. Die uiteindelike doel was om aanbevelings te maak ten opsigte van die implementering van hierdie diens binne die kinderhuis se werksaamhede. enLiteratuurstudie is onderneem om die effek van enkind se statutêre verwydering te ondersoek, asook die staat se beleid ten opsigte van kinders en gesinne. Ondersoek is ook ingestel na die teorie en die eiesoortige kenmerke van gesinsherenigingsdienste as intervensiemetode. Die maatskaplike werkers wat werksaam is by die vier kinderhuise in die Wes- Kaap wat onder beheer van die N.G. Kerk se Sinodale Kommissie vir die Diens van Barmhartigheid staan, is in die empiriese ondersoek betrek. Die maatskaplike werkers het elkeen en vraelys voltooi om hulopinie te verkry omtrent die haalbaarheid van gesinsherenigingsdienste vanuit kinderhuise. Die resultate het getoon dat die meerderheid maatskaplike werkers positief gesind is jeens die implementering van gesinsherenigingsdienste. Hierdie diens moet volgens die respondente egter nie alleen vanuit die kinderhuis onderneem word nie, maar in spanverband met die betrokke eksterne organisasies. Verskeie hindernisse in die uitvoering van hierdie diens is identifiseer. Daar is ook bevind dat die meerderheid van die kinders in die kinderhuise vir langer as twee jaar reeds in die kinderhuis se sorg verkeer, wat die noodsaaklikheid van die diens verder beklemtoon het. Op grond van die ondersoek en die reslutate is aanbevelings gemaak ten opsigte van die implementering van gesinsherenigingsdienste vanuit die kinderhuis in samewerking met die betrokke eksterne organisasies. Die aanbevelings van hierdie ondersoek is van toepassing op kinderhuise in die algemeen met die nodige in ag neming van hul individuele verskille.

No abstract available. / Thesis (LL.M.)-University of Natal, Durban,2001.

No description available.

The main aim of the study was an examination of the dynamics of family systems on the lives of youth awaiting trial at the Excelsior Place of Safety that functions as a secure care programme. Secure care is a new concept in South Africa and serves as an alternative to the imprisonment of children awaiting trial. The study identifies the family as central in adolescent development and assumes that there are particular dynamics within family systems that may impact on the lives of youth resulting in deviancy and criminality. The study was based on the philosophy of secure care, Erikson's theory of Adolescent Development, Attachment theory, the Ecosystems and Ecological Strengths-Based Approaches. Twenty-five youth awaiting trial were interviewed at Excelsior. The study found that children who offend come from impoverished communities where the household income is less than the Poverty Datum Line (PDL.) High-risk youth come from women-headed households that lack male role models and have little or no source of income. In these instances where the family cannot provide for the youth's needs that the youth is prone to criminality to satisfy them. The study recommended strengthened intervention strategies to be utilised by all service providers in working with youth at risk and their families. It also recommends the strengthening of the secure care programme to address the needs of awaiting trial youth and to divert youth from the prison environment. The study further suggested that secure care centres that have trained personnel in adolescent development, should undertake more community outreach to also target children and youth in communities. / Thesis (M.Dev.Studies)-University of Natal, Durban, 2003.

Thesis (LLM)--Macquarie University. Division of Law. / Bibliography: leaves 192-208. / Introduction -- The perceived problems and the new reforms -- The framework for children's matters in Australia -- Families and functions - regulating the Australian family -- Reorganising the gender hierarchy -- Men's movements, misconceptions and misidentifying the real issues -- Problems with "shared parenting": an ideal or a (rebuttable) presumption? -- Mediation not litigation -- Conclusion -- Bibliography. / In this thesis, I critically appraise the latest reforms of the Australian family law system and assess the underlying philosophy of these measures. I specifically analyse the introduction of shared parenting and mandatory family dispute resolution. My starting point is that legislative changes alone cannot be used as a means of social change. Legal models cannot function correctly if they reflect an ideal rather than social reality, and in light of the current reforms, the Australian family law system risks such a fate. The system, which presumes that parents share parental responsibility upon separation (and therefore during the intact family), does not represent social truth. It appears to make an assumption that shared parenting is the societal practice, but I believe the law is really being used to impose such an ideal. If the reforms are to be successful, I argue that substantial social and economic structural change is required, in order to break down the dichotomy between men's and women's roles, which continue to define the male role as economic and public and the female responsibility as care-giving and private. This is particularly important if the Government is genuine about its aim to make parenting gender neutral in practice and not just in theory. / The thesis demonstrates that the reform measures are a response to the perceived rather than real problems identified in the family law system, and that they are largely issues raised under the influence of fathers' rights groups. The response of the Government to remedy the system is therefore flawed as it is based on misconceived notions about the family law system. It incorrectly identifies judicial discretion as a fundamental cause of the problems and tries to replace it with a more rules-based approach to determining children's matters. I suggest that the real problems can be found in the continuance of deeply entrenched customs and gendered role constructions, and the remedies lie in their overhaul. The social culture that makes the mother the primary caregiver and allocates to the father diminished parental responsibility from the time the child is born needs to be transformed. A suitable legal response to the current impasse would be to begin by educating the public about the way the system works and provide counselling to families on how to structure their united life well before they reach the breakdown point. Assisting families while they are still functional, as opposed to when they are dysfunctional, would arguably make a large difference in how the family law system is understood. Moreover, it would be able to facilitate ongoing communication for separating couples and, most importantly, thereby uphold the best interests of the child. / Mode of access: World Wide Web. / 208 leaves

M.Litt. et Phil. / Divorce has become a widespread phenomenon in modern society. The high divorce figures indicate a change of attitude in society. Today divorce has become a highly probable and accepted event with fewer stigmas attached to it. For children, the divorce of their parents is a totally unplanned life event over which they have little or no control. It can therefore be defined as a non-normative idiosyncratic life event. This event inevitably leads to stress and can have certain deleterious, but also positive, effects on children. The specific effects that a child experiences will be determined by an interaction of variables, viz. his personality and temperament, the environment and his family home. Riegel (1975) states that development evolves out of crises which can therefore be constructive and have significant meaning. If the child can adapt and work through the event of divorce constructively the divorce can lead to growth, and not necessarily to stagnation and more problems. In the litigation of custody some development has taken place. Traditionally, young children were placed in the custody of their mothers, and the judges who did the assignments depended on information which was obtained from the parents. This resulted in decisions which were not always in the best interests of the children. To assist the judges in the placement of children, family advocates were appointed, thus fulfilling the requirements of the Act on Mediation in Certain Divorce Matters, (Act 24 of 1987). The task of the family advocate is to act as a watchdog on behalf of minors who have been subjected to divorce and subsequent litigation over custody disputes. Custody disputes cause tension and uncertainty for the children involved. The family advocate ensures that the children are exposed to as little disruption as possible during the litigation process, and also sees to it that the proposed ruling in connection with the children is in their best interests. The motivation for this research stems from the developments which have taken place regarding the placement of children after divorce where a custody dispute erupts, as well as those regarding the functions and purpose of the family advocate in the process. Questions can be raised as to whether the system of family advocates succeeds in its primary aim to act on behalf of the children, and whether the children involved in a custody dispute are not subjected to more stress as a result of the litigation. As few study regarding these questions has been done and many new questions have evolved, an exploratory study was conducted on the subject. The aim of this study was to evaluate children with respect to three variables, namely, 1) positive self regard 2) loyalty conflict between biological parents 3) depression. These evaluations were done on three groups, namely, 1) children in a nuclear family, 2) children in a single-parent family where divorce had occurred, and 3) children in a family where a custody dispute had taken place. A non-experimental method of research was used. To test the specific hypotheses the following test instruments were used: Bene-Anthony family relations, Draw a Person Test (D.A.P.), and Draw a Family Test (D.A.F.). The conclusions of the study are, firstly, that children in nuclear families do have higher self regard than children from single-parent divorced families, but these latter, in turn, do not have higher self regard than those from custody dispute families. Furthermore, children from nuclear families do not have less loyalty conflict than children from single-parent divorced families, but these latter do have less loyalty conflict than those from custody dispute families. Finally, children from nuclear families do suffer less from depression • than children from single-parent divorced families, but these latter do not have less depression than those from custody dispute families. As this was merely an exploratory study only tendencies can be deduced from the results. Further studies will require larger and better controlled samples. Further research and development in the field of custody litigation is necessary so that the whole family, and especially the children, can use this life crisis as an opportunity for growth.

MPM / Oliver Tambo Institute of Governance and Policy Studies

Disputes concerning care and contact arrangements for the minor children of divorcing couples present special challenges for professionals in the legal and psychological professions. Care and contact (custody) disputes, which are complex undertakings, are a point of debate in the professional arena in South Africa. Clinical psychologists are often included in the professional cohort that assists the high court, as the upper guardian of minor children, in the decision making process regarding contested care arrangements of children. This field is further challenged by the lack of training programmes and practice guidelines, the intense adversarial nature of disputes and litigation processes, as well as the increase in board complaints levelled against psychologists at the Health Professions Council of South Africa. These challenges contribute to the reluctance of psychologists to become involved in care and contact matters. This study therefore aimed first to explore the current practices and contributions of clinical psychologists in care and contact disputes in South Africa, and second to evaluate the procedures used by clinical psychologists to inform their recommendations to the court. In such matters, clinical psychologists adhere to the best interest of the child (BIC) principle. The final aim of the study was to identify and propose guidelines for a model of better practice. The study was guided by a Constructivist Epistemology and a Social Constructionist paradigmatic framework. A qualitative research approach was employed. Data were collected through face- to-face interviews with clinical psychologists and advocates and were analysed using Thematic Network Analysis of Attride-Stirling. The findings, which indicated that that the practices of psychologists are plenteous, revealed significant shortfalls in current practices. In addition, the findings designated that creating a universal model for care and contact evaluations to fit with the legal professions’ empiricist tendency poses a paradigmatic dilemma and a practical challenge. A position of observer-dependence and a reflective position on the part of the psychologist is instead indicated. / Psychology / Ph. D. (Psychology)

Within the context of recognition and enforcement of foreign judgments the recognition and enforcement of foreign custody orders is unique. By reason of the fact that custody orders are always modifiable "in the best interests of the child" they cannot be regarded as final orders and are thus not capable of recognition and enforcement on the same basis as final orders. The failure of courts to afford foreign custody orders recognition and enforcement in the normal course has created the potential for a person deprived of the custody of a child to remove the child from the jurisdiction of a court rendering a custody order to another jurisdiction within which he or she may seek a new, more favourable order. This potential for behaviour in contempt of an existing order has been exploited by numerous parents who feel aggrieved by custody orders. The problem of parental child snatching has escalated to such a degree that the Hague Convention on the Civil Aspects of International Child Abduction was drawn up to introduce uniform measures amongst member states to address this problem. Despite being a meaningful step in the fight against international child abduction the Hague Convention does not fully resolve the problem. For this reason other measures have been suggested to supplement the Convention. The different approaches taken in South Africa, the United Kingdom, Australia and the United States of America to recognition and enforcement of foreign custody orders and the measures to overcome the problem of international child abduction are examined and a comparative methodology applied to the design of a model approach for South Africa. The object of this model is to permit the South African courts to address the international child abduction problem without falling prey to any of the pitfalls experienced elsewhere in the legal systems examined. / Law / LL.D.

The aim of this study was to explore absent fathers' experiences. This involved determining absent fathers' conceptualisation of fatherhood, exploring the psychological well-being of absent fathers, and how absent fathers cope with being absent from their children‟s lives. An ecosystemic approach was employed as the epistemology to understand the participants in terms of organisation of their behaviour in social contexts. Qualitative research was used, and in-depth interviews were conducted to collect the data. The research found that these fathers' experiences of being absent from their children's lives have negatively affected several aspects of their lives, both emotionally and behaviourally. Furthermore, the study concluded that fathers who are absent from their children‟s lives, while aware of the roles they need to play, seem unable to fulfil these roles. Lastly, the absent fathers revealed a tendency to react ambivalently towards their identities as fathers. / Psychology / M.A. (Clinical Psychology)