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This study explored family members� experience of, and satisfaction with, New Zealand Family Court dispute resolution processes concerning children�s care arrangements following parental separation. A qualitative method was employed, using individual interviews with 22 parents and 8 children from 15 families, in three court districts, during 2001-2002. Follow-up interviews were also conducted with the parents one year later to assess the factors affecting compliance with their agreements and court orders. Focus groups were held with 16 Family Court professionals (lawyers, counsellors, specialist report writers and judges) in two cities to obtain their views on the family members� perspectives. Sociocultural and ecological theories, the sociology of childhood and the UNCRC provided the conceptual basis for the research. Historical developments in child custody and divorce laws, which provided the impetus for the establishment of Family Courts internationally, have also been reviewed. Each parent was legally represented, with 87% of the families also attending Family Court counselling and judge-led mediation conferences. Defended hearings occurred in 27% of the cases. Family members reported a broad range of views about their legal and court experiences. They valued their interactions with professionals who took an interest in them and their children, provided clear information and support, let them have their say, and competently managed the dispute resolution processes. Dissatisfaction was frequently expressed with the conduct of ex-partners and with professionals� styles of practice, particularly where these involved erratic or uncompromising attitudes and adversarial tactics. The desire to respond to what was written in an ex-partner�s affidavit escalated some parenting disputes onto a litigation pathway. Delay, cost, gender bias, lack of enforcement of court orders, and inadequate opportunities to feel heard, understood and respected were also identified as problems associated with Family Court proceedings. Earlier access to a wider range of information, support and conciliation services was recommended, together with more post-order explanation and support. The professionals wanted a stronger emphasis on the Family Court as a court of law, rather than a social agency. A clearer demarcation between the court�s conciliation and adjudication functions was considered necessary to avoid clients having unrealistic expectations of the Family Court. Family members� therapeutic needs were important, but thought best met within community-based agencies. The children were aware of their parents� court proceedings and most wanted the opportunity to play a more direct role in the decision about their future living arrangements. Significant or modest changes had occurred in 60% of the families by the time of their follow-up interviews. Some changes had led to a reversal in the original care arrangements, while others had impacted upon the frequency of a child�s contact with their non-resident parent. A new conceptual model for the resolution of post-separation parenting disputes has been developed. This integrates the theoretical framework underpinning the study with the international research evidence on the impact of parental separation and the principles and practices of an effective child-inclusive and culturally responsive family law system.

The two studies of this dissertation examined mothers' perspectives of nonresident fathers' involvement in low-income families. The overall goal of these studies was to gain a more comprehensive understanding of nonresident fathers' involvement and its effect on family well-being. In the first study I applied a relatively new methodology, zero-inflated negative binomial regression, to overcome the methodological shortcomings of previous studies. The models (N=1215) examined what factors predicted two aspects, presence and level, of father-child contact and paternal engagement. Different factors were found to influence presence of father-child contact and frequency of contact. Similarly, different factors predicted presence of paternal engagement and level of engagement. Thus, a nonresident father's decision to be involved in his child's life may be a fundamentally different decision than how much he is involved. In addition, parents' positive relationship--romantic relationship and higher quality of relationship--was found to be the major predictor influencing all outcome variables. It appears that a positive co-parental relationship is central to nonresident father involvement. In my second study, I qualitatively examined rural mothers' perceptions of nonresident fathers' involvement (N=83). Specifically, I investigated whether mothers are really "gatekeeping" the father involvement, as suggested by previous research. There was no simple yes/no answer to this question, rather, results suggested that whether a mother acts as a gatekeeper of her children depends on her unique circumstances. Mothers, by at large, wanted the nonresident fathers to be involved in their children's lives and to perform responsible fathering, but mothers' expectations of the fathers' roles may be narrowly defined and, therefore, easily violated. Some mothers did intentionally refuse or limit father-child contact in cases where they believed that father involvement would threaten the safety of their children. In these cases, "gatekeeping" behavior can be viewed as one survival strategy for the mothers. The two studies presented here collectively demonstrate the complexity of non-resident father's involvement and provide insight that will be useful for policy targeted to low-income families. / Graduation date: 2005

Thesis (Ph. D.)--Ohio State University, 2006. / Title from first page of PDF file. Includes bibliographical references (p. 93-102).

Project (M.P.P.) - Simon Fraser University, 2006. / Theses (Master of Public Policy Program) / Simon Fraser University. Also issued in digital format and available on the World Wide Web.

Thesis (M.S.W.)--York University, 1997. Graduate Programme in Soical Work. / Typescript. Includes bibliographical references (leaves 122-129). Also available on the Internet. MODE OF ACCESS via web browser by entering the following URL: http://wwwlib.umi.com/cr/yorku/fullcit?MQ22862.

Thesis (D. Jur.)--York University, 2001. Graduate Programme in Law. / Typescript. Includes bibliographical references (leaves i-xvi of sequence at the end). Also available on the Internet. MODE OF ACCESS via web browser by entering the following URL: http://wwwlib.umi.com/cr/yorku/fullcit?pNQ67938.

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Multi-religious and multi-ethnic democracies face the challenge of constructing accommodative arrangements that can both facilitate cultural diversity and ensure women's rights within religio-cultural groups. This thesis is an investigation of the Indian state's policy of legal pluralism in recognition of religious family laws in India. The Indian state has adopted a model of what I have termed "shared adjudication" in which the state shares its adjudicative authority with internally heterogeneous religious groups and civil society in the regulation of marriage among Hindus and Muslims. / Combining theoretical frameworks of state-society relations, feminist theory, and legal pluralism, and drawing from ethnographic research conducted in state courts, caste and sect councils, and "doorstep law courts," I pay analytical attention to state-society interactions at the interface of religious family laws. State and non-state sources of legal authority construct internally contested and heterogeneous notions of the conjugal family, gender relations, and religious membership, and they transmit them across legal spheres. These dynamic processes of communication reconstitute the interiors of religious, state, and civic legal orders, and they fracture the homogenised religious identities grounded in hierarchical gender relations within the conjugal family. / Within the interstices of state and society---which are used imaginatively by state and societal actors---the Indian model points towards an open-ended and process-oriented conception of state-society relations that encompasses not only the binary of conflict and cooperation, but also communication between state and society. The "shared adjudication" model facilitates diversity as it allows the construction of hybrid religious identities, creates fissures in ossified group boundaries, and provides institutional spaces for ongoing inter-societal dialogue between religious groups, civil society, and the state. This pluralized legal sphere, governed by ideologically diverse legal actors, can thus increase women's rights in law, and despite its limitations, the transformative potential of women's collective agency effects institutional change.

"Internal globalization" has become a common phenomenon which, among other things, has increased the number of mixed-national couples due to the greater mobility of people and the globalization of trade and commerce. Unanticipated difficulties can follow from the breakdown of such relationships for both children and parents if the custodial parent leaves the family's former habitual residence with the child. This is especially true for the left-behind parent. / The starting point for this study was the discussion among experts as to whether an Additional Protocol to the 1980 Child Abduction Convention might resolve the inherent weak protection of access rights. To answer this question concerning the necessity of such an Additional Protocol, this thesis provides an overview of the relevant existing and future international legal frameworks that address child protection and parental responsibilities and shows the evolution in child law from a formerly neglected issue to a high-profile topic. (Abstract shortened by UMI.)