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Many legal issues involve conflicts that are at least as much psychological and relational as they are legal in nature. Juvenile and family courts have always embraced a helping philosophy under the parens patriae legal doctrine. These courts address problems where family relationships are central, for example, custody and coparenting disputes, divorce, child abuse and neglect, foster care, intimate partner violence, and juvenile delinquency. Family therapists are playing a growing role in all of these matters. In this article, we use child custody disputes as a more in-depth example for exploring new, potential roles for family therapists, particularly as mediators and parenting coordinators. To show the breadth of the role for family therapists, we also more briefly consider the topics of child abuse and neglect, foster care, juvenile delinquency, and drug and alcohol issues., (© 2014 FPI, Inc.)

In this article I examine socio-cultural landscapes where personal relationships are formed, fractured and underscored by physical movement across space. I explore court cases brought forth in South-Eastern Nigeria from the 1940s to the 1960s to settle betrothal, marriage, and custody disputes. I argue that these cases represent patterns of e-motion , a form of migration triggered by family decisions, third party interlocutors, emotional bonds and asperity. Using court case testimony transcripts, court petitions, domestic violence complaints, personal letters, unpublished memoirs and other documents, I show how Nigerians sought legal assistance from district courts when local native courts failed to satisfy the aggrieved. This article highlights how family and social expectations shaped and limited migratory practices for subaltern women and girls, resulting in e-motional landscapes. Engendered by emotional stress, rage, fear and violence, which ultimately shaped their livelihoods. [ABSTRACT FROM AUTHOR]

Child custody is a significant issue faced by families after divorce in all legal systems. In Iranian law, custody refers to the keeping, care, and regulation of a child's relationships with others, while in Canadian and English law, it encompasses all the rights, duties, powers, responsibilities, and authorities that parents have concerning their child and their property. The crucial question to be addressed is how divorce affects child custody according to the legal systems of Iran, England, and Canada. It appears that while divorce itself does not have a direct impact on the priority of one parent over the other in terms of child custody in Iranian law, the actual determination of custody between the father and mother becomes evident after divorce due to their pre-divorce cohabitation. In Canadian and English law, explicit gender priority in post-divorce custody has largely subsided since the 1970s, with custody laws focusing on an independent assessment of the child's best interests and welfare, thus divorce does not affect the priority of one parent over the other regarding child custody. The research methodology employed in this study is descriptive-analytical and documentary, utilizing a library-based approach. After analyzing the content, the following conclusions were drawn: firstly, it should be noted that Canadian law is similar to English law in most related aspects. Secondly, custody in Iran only encompasses child custody, while in common law, it also includes guardianship and wardship. In common law, both parents can jointly seek custody, and there is no priority between them. The court decides which parent should be responsible for custody based on the child's best interests and welfare. Additionally, the mother's remarriage does not affect custody arrangements. However, in Iranian law, although custody remains with the mother until the child reaches the age of 7, guardianship remains with the father. Anything that endangers the child, such as insanity, leads to the deprivation of custody. Iranian legislation considers the mother's remarriage as a ground for depriving her of custody, but it does not consider the father's remarriage as an effective ground for deprivation. Nevertheless, according to Article 41 of the Law on Family Protection enacted in 2012, the court has the authority to modify or extend custody duration and the custodial parent based on the child's best interests.

The article concerns parenting after divorce or separation within the context of social changes. Special attention is paid to the principle of the welfare of the child, which is the most important criterion for deciding child custody. The child’s welfare is an open concept that grants a wide discretion to courts in choosing the best custodial arrangement for a child in a particular case. In this context, reference was made to the American experience on parenting after family break-up, separation or divorce. In the USA different theories were developed to explain which parenting model best fulfils the principle of the child’s welfare. This article discusses the tender years doctrine, primary care-taker preference, psychological parent doctrine and approximation rule. After a divorce, a mother was usually granted custody and a father paid child-support. He was placed in the background and excluded from the daily activities of his child. Currently, the theory of mother-nurturer and father-breadwinner is coming to an end; the father is no longer the only breadwinner responsible for providing the family an adequate standard for living, and the mother is no longer primarily responsible for the duties of childrearing and household chores. The changes taking place are reflected in struggling for equal treatment in the award of custody and abandoning the stereotypical approaches based on awarding custody automatically to mothers. A significant rise in the number of parents entering into joint custody arrangements is observed.

While parental divorce can have a profound effect on the development of a child, the effect of a custody conflict following divorce can have an extreme, traumatic, and lifelong impact on a child. The conflict between the parents that occurred prior to their divorce can be sustained long after the parental divorce, reinforcing highly dysfunctional patterns of relationships between the parents, between each parent and child, and then put the child at risk for pathological patterns of relationships with peers and intimates. Though difficulties in the development of mature object relations and a mature sense of self are obviously at risk given this milieu of overt interpersonal conflict, anger, hatred, and parental preoccupation, difficulties in a child's capacity to explore the environment, i.e. play, learn academically, and value their body can also be adversely affected. This paper presents cases from varying stages of childhood development to demonstrate the potentially traumatic effects on the development of children living through parental custody conflict, as well as the lifelong effect on an adult experiencing a parental custody conflict in childhood. [ABSTRACT FROM AUTHOR]

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Copyright of Comparative Studies on Islamic & Western Law is the property of University of Qom and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The paper presents the comparison between the principles of Model Family Code and the regulations Polish family Law. The main questions are connected with the sources of Family Law, the recognition of the clause on “a child’s welfare”, the scope of State’s protection of families and family life and the influence of the European Court of Human Rights’ jurisprudence. In addition, the analyse takes into account the definitions of marriage, concubinage and partnership in connection with the protection of privacy and family life. On the area of divorce regulation the main analyse are connected with the alternative dispute resolution (ADR), parental authority, joint custody and contacts with common child, and financial consequences of dissolution of marriage. At last are analysed the descent of a child, alimentation, adoption the new institution of child’s advocate.

Copyright of Acta Universitatis Lodziensis. Folia Luridica is the property of Wydawnictwo Uniwersytetu Lodzkiego and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In this study, the objective was to conduct an analysis of behaviors associated with Parental Alienation Syndrome (PAS) within the context of divorce, custody disputes, and personal relationship with children. The present inquiry employed the document/text analysis method, one of the qualitative research methodologies. The reports prepared by psychologists, social workers, and pedagogues (psychological counsellors), including the researcher, in the cases held by Ankara 10th Family Court were included in the study. 27 selected files were descriptively analyzed with respect to PAS behaviors and alienation strategies. Answers were sought to the questions about PAS behaviors toward mother, father and relatives, and what PAS behaviors are in court processes and relations with the child. Results showed that parental alienation behaviors toward parents and relatives are common in divorce, custody, and personal relationship with the child cases. It was found that divorce, custody, and personal relationship with the child cases negatively affect the relationship between the mother, the father, and the child. The research findings, PAS behaviors put all the parties in a difficult situation in the legal process. Therefore, providing psychosocial services to the families, raising the awareness of court experts about PAS, and conducting more research on this issue are important. [ABSTRACT FROM AUTHOR]

With the commonality of parental separation in Europe today, safeguarding the best interests of the child has become increasingly challenging. The potential of shared parenting to serve the best interests of the child and to safeguard parental rights post-separation have been drivers for its increased prominence in public discourse, and some European States have already adopted legislation to encourage or even set it as a preference over sole custody – a change that has doubtless been brought about by studies on child welfare and advocacy for parental equality. The aim of this article is to analyse the concept of shared parenting through the lens of European human rights law in order to discover how it is viewed in relation to the best interests of the child, and whether having legal measures in place to encourage it should be considered a component of the best interests of the child. [ABSTRACT FROM AUTHOR]

Aim: To report an analysis of the concept of post‐separation abuse and its impact on the health of children and adult survivors. Design: Concept analysis. Data Sources: A literature search was conducted via PubMed, Cochrane and Embase and identified articles published from 1987 to 2021. Methods: Walker and Avant's (2019) eight stage methodology was used for this concept analysis, including identifying the concept, determining the purpose of analysis, identifying uses of the concept, defining attributes, identifying a model case and contrary case, antecedents and consequences and defining empirical referents. Results: Post‐separation abuse can be defined as the ongoing, willful pattern of intimidation of a former intimate partner including legal abuse, economic abuse, threats and endangerment to children, isolation and discrediting and harassment and stalking. An analysis of literature identified essential attributes including fear and intimidation; domination, power and control; intrusion and entrapment; omnipresence; and manipulation of systems. Antecedents to post‐separation abuse include patriarchal norms, physical separation, children, spatiality and availability, pre‐separation IPV and coercive control and perpetrator characteristics. Consequences include lethality, adverse health consequences, institutional violence and betrayal, such as loss of child custody and economic deprivation. Conclusion: This concept analysis provides a significant contribution to the literature because it advances the science for understanding the phenomenon of post‐separation abuse. It will aid in developing risk assessment tools and interventions to improve standards of care for adult and children survivors following separation from an abusive partner. Impact: This concept analysis of post‐separation abuse provides a comprehensive insight into the phenomenon and a theoretical foundation to inform instrument development, future research and intervention. Post‐separation abuse is a complex, multi‐faceted phenomenon that requires differential social, legal and healthcare systems responses to support the health and well‐being of survivors and their children. Impact: This concept analysis provides a significant contribution to the literature because it advances the science for understanding the phenomenon of post‐separation abuse. It will aid in developing risk assessment tools and interventions to improve standards of care for adult and children survivors following separation from an abusive partner. [ABSTRACT FROM AUTHOR]

Dr. Rebecca Pender Baum interviews Lynn Louise Wonders, a licensed professional counselor and registered play therapist supervisor. Ms. Wonders has over 20 years of experience working with children and families. This interview focuses on her work and research into working with high conflict divorce and custody cases. Ms. Wonders discusses her book, When Parents are at War: A Child Therapist's Guide to Navigating High Conflict Divorce and Custody Cases, which highlights potential pitfalls to avoid and the importance of self-care and consultation. [ABSTRACT FROM AUTHOR]

Objectives. The effectiveness of a therapeutic approach for the divorced parents (on an individual level as well as on the couple) was studied; the therapeutic process was aimed at improving the connection between parents and, subsequently, the child-parent relationship. Material and methods. The study includes five divorced couples that have been submitted to psychological evaluation at the request of the legal system of Romania, between 2019-2020. Both the children and the parental dyad have been evaluated in relation with awarding custody, in cases with moderate to high level of parental conflict – the cases had in common the child’s rejection of one of the parents. For the parents’ evaluation, Parenting History Survey, Parental Stress Index, Parental Competency Questionnaire and Cognitive Emotion Regulation Questionnaire have been used, together with a checklist of child’s rejecting behaviors towards one of the parents. Following evaluation, the parents have been included in a psychological intervention program, consisting of individual sessions and sessions for the parental dyad. The inclusion criteria have been: conflictual parental relation, no psychiatric pathology of parents and absence of pre-divorce parental abuse history. Results. The results have shown that the couples tended to improve their capacity to respect the children’s program of personal interaction with the other parent and that the frequency of rejecting behaviors toward the other parent diminished. Conclusions. Children’s post-divorce adjustment is strongly impacted by the quality of the parental relationship and this, in turn, can be improved by specialized therapeutic intervention. Developing an intervention program adapted to the post-divorce needs of the family helps children in integrating the divorce and preserving their emotional balance.

We compared attitudes about child support between the United States and South Korean respondents, using a multiple segment factorial vignette to gather quantitative and qualitative data from 132 Americans and 132 South Koreans. South Koreans were more likely than U.S. respondents to think child support should be paid. Respondents in both countries thought fathers should pay more child support when mothers had sole custody than when both parents shared custody. Remarriage, combined with custody, affected respondents' attitudes. The primary rationale of U.S. respondents focused on issues of fairness, while Koreans highlighted fathers' responsibility and obligation. Cross-cultural differences in attitudes regarding child support payments, and their implications for support compliance rates in the United States and South Korea, are discussed. [ABSTRACT FROM AUTHOR]

Court‐involved mental health professionals (CIMHPs) practice in a context fraught with ethical challenges and complexity. Prior commentators have offered perspectives on the factors that should be considered as these ethical issues are navigated, yet no structured system for organizing the process of ethical analysis has been offered to date in this area of practice. The three‐factor ethical reasoning model described below suggests the following basic process: (a) the operational definition of the service (s) requested; (b) a precise definition of the professional role that will be assumed for each separate service; and (c) an analysis of the ethical issues within a case by referencing promulgated statutes, regulations, codes, and guidelines, as well as foundational values. Key points for the family court community: The risks of ethical errors for practitioners, clients, and the profession can be reduced via a systematic model for reasoning.Precisely defining service requests and roles is an essential first step.Reference to written rules should be augmented with reflection on foundational values. [ABSTRACT FROM AUTHOR]

The granting of custody after the separation of couples is an increasingly common field of study. The literature shows that the interest in this topic has focused mainly on the separation of heterosexual couples. This article seeks to show how the granting of custody is distributed among the different models in the case of Spain, and the impact of specific variables on the granting of custody after the breakdown of same-sex marriages. A quantitative methodology was applied with multivariate descriptive analysis (through the elaboration of dependency analysis), using the Statistics of Nullities, Separations and Divorces (ENSD) of the National Institute of Statistics (INE). The main conclusion was that the joint custody model is more present than the sole custody in the case of same-sex couples, while the number of minors and dependent children of legal age are the variables that determine the custody model granted. [ABSTRACT FROM AUTHOR]

This article contributes to a growing literature on the implementation of shariʿa-derived state legislation in Egypt by exploring how differently positioned divorced mothers navigate Egypt's highly gendered personal status codes under circumstances where many men are increasingly unable to discharge their part of the 'patriarchal bargain' due to a shortage in affordable housing. We highlight two discrepancies between legislative rules and social practice: The first is the divergence between state law and everyday norms, and the second looks at the limits of implementation and compliance in terms of actions taken by courts and other officials. We consider how and why Muslim personal status law reforms have sought to enhance divorced women's bargaining position in the family where the relevant laws often have unintended, unforeseen and contradictory consequences when it comes to divorced custodian mothers' access to housing. [ABSTRACT FROM AUTHOR]

Attachment and bond are two words often used in child custody evaluations and in family courts. Many professionals misuse these terms. Professionals often use phrases such as "strong attachment," "healthy bond," and "well‐attached," all phrases which are not in the scientific literature. Attachment has a specific definition in the scientific literature. Furthermore, other than the Strange Situation method of assessment, there are no well‐research reliable and valid methods for assessing the type of attachment, as defined in the scientific literature. Until such measures exist, evaluators, therapists, and family court professionals should avoid using the term attachment to describe parent‐child relationships, and instead focus on functional aspects of the parent‐child relationship. Key points for the family court community: Evaluators often misuse the word "attachment" and "bond" when they are, in fact, attempting to describe a parent‐child relationship, having not measured attachmentThere are no reliable valid and reliable measures of attachment designed for use in child custody evaluations, or normed on child custody litigantsThe use of scientific terms such as "attachment" and "bond" can give an air of scientific validity when evaluators are simply describing an observation. This can mislead the court.Evaluators should describe in observational terms what they see in the parent‐child relationship rather than use descriptive labels that may be interpreted in various manners. [ABSTRACT FROM AUTHOR]

Copyright of Sociologia, Problemas e Práticas is the property of Centro de Investigacao e Estudos de Sociologia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Inonu University Law Review / İnönü Üniversitesi Hukuk Fakültesi Dergisi is the property of Inonu University Law Review (IULR) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

According to the famous Imams' jurists, after the separation of the husband and wife, the custody of the boy for up to two years and the custody of the daughter up to seven years are subject to the lack of marriage, and this is the right of the mother upon the marriage, and then, if she becomes divorced, the custody of He goes back. Most Islamic scholars such as Hanafi, Shafa'i and Hanbali are similar to the famous Imams' jurists, but in the meantime, Ibn Eridis, a scholar of the Imamiyah, declined to divorce by accepting the principle of the custody of the marriage, and the Imam al-Malik The Sunni Imams also have a theoretical similarity. Only Hassan Basri and his followers have a special theory. According to some reasons, unlike all jurisprudents of the Islamic faiths (Imamiyeh, Malekiyah, Shafieh, Hanafiyah, Hanbali and Zahirieh), the custody of marriage fell Therefore, regardless of the discussion of its return after divorce, this is also the case in Iran Judo, and despite the adherence of the legislator to the famous jurists, it seems that according to an argument such as verse 233 of Surah al-Baqarah, the rule of law, consideration of the legislator on custody and the principle of respecting the material of the child should criticize the famous ruling and promise She believed that her mother's rejection of her custody was unconditional.

Custody assignment after divorce is an increasingly recurrent area of study. The literature on this topic has tended to consider the dissolution of only heterosexual couples. Therefore, this article examines the influence of certain social variables and detects potential differences or similarities between heterosexual and homosexual couples in Spain. Quantitative methodology was used, along with descriptive and multivariate analyses, with data from the Annulments, Separations and Divorces Statistics (ENSD) of the Spanish National Statistics Institute (INE). The main conclusion reached is that shared custody is more commonly assigned in homosexual couples as compared to heterosexual ones. The number of children, the presence of conflict during the divorce proceedings and the specific Spanish autonomous community are variables that are key to understanding the assigned custody modality. [ABSTRACT FROM AUTHOR]

Copyright of Inonu University Law Review / İnönü Üniversitesi Hukuk Fakültesi Dergisi is the property of Inonu University Law Review (IULR) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This research focuses on the analysis of the variables of a social nature that affect the assignment of custody after divorce from heterosexual marriages in Andalusia. For this, a quantitative methodology is used, using the Statistics of Nullities, Separations and Divorces (INE, 2017) and data from economic indicators such as Gross Domestic Product (2017). Its exploitation allows taking into account a whole set of variables necessary to understand the phenomenon under study. Descriptive and multivariate analyzes are carried out (factorial and correspondence analysis). The main result obtained confirm that variables such as the number of dependent minor children or dependent children of legal age, the judgment failure and the GDP of each province are significantly related to the custody modality finally assigned. Other variables such as the age of the spouses or their nationality do not seem to have an association in the modality that is granted. [ABSTRACT FROM AUTHOR]

Objective: This qualitative study examined women's identities as mothers when sharing postdivorce physical custody of children. Background: The increase in divorced parents sharing physical custody can create challenges, especially for women whose identity is manifested through the social position of mother. Although researchers have investigated children's outcomes in connection with shared physical custody, little is known regarding the effects of shared custody on women's identities as mothers. Method: A secondary analysis was conducted using interviews from a grounded theory study of 20 divorced women with shared physical custody arrangements. Results: Mothers resolved the cognitive dissonance they experienced upholding the competing values of being physically present for their child and supporting their child's relationship with their father by prioritizing the belief that their child should maintain relationships with both parents. The mothers found ways in which their part‐time parent role supported their mothering identity. They also experienced challenges and developed individual solutions to overcome the challenges. Conclusion: The ideology of intensive mothering may be changing, particularly for women who undergo divorce or separation. Mothers' beliefs that their children should maintain relationships with both parents overrides their desire to always be physically present for their children and decreases the time women enact their role as mothers. Implications: Practitioners are encouraged to guide mothers' adjustment to their custody arrangement and help them "redo" the ways they view their mother identity. [ABSTRACT FROM AUTHOR]

This research focuses on an analysis of the sociological variables that affect the way that custody is awarded after a marital breakup, specifically after the divorce of married heterosexual couples. A quantitative methodology has been used based on Statistics on Annulments, Separations and Divorces and data for various rates in Autonomous Communities gathered from the Spanish National Statistics Institute (INE). The main obtained results confirm that these variables have a significant effect on the way that child custody is awarded. [ABSTRACT FROM AUTHOR]

Pediatricians and child health providers face with situation in which families disagree about recommended treatments. Managing these disagreements is more challenging during periods of divorce or separation particularly when parents are in dispute over custody or medical decision-making. Parental disagreement exists along a continuum. General principles apply 1) the worse the conflict, the worse the outcome for children, 2) when conflict is combined with other factors such as separation, the outcome is often worse, and 3) the pediatrician/primary health care provider can mitigate this. This manuscript provides a review of the subject and suggestions for the practicing provider. [ABSTRACT FROM AUTHOR]

Copyright of Szociológiai Szemle is the property of Hungarian Sociological Association and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The Alaska Court Early Resolution Program (ERP) addresses many issues – self‐representation in divorce and custody cases, triaging to determine the appropriate resolution approach, the importance of early intervention and the desire to use a simplified process and a problem‐solving approach. This article reports on an evaluation of the Anchorage ERP. It found different outcomes for ERP cases that settled than comparable cases that proceeded on the regular trial process track with respect to the following outcomes:time to disposition,number of staff processing steps and associated completion time, andnumber of motions to modify filed within two years of the disposition. Key Points for the Family Court Community: Courts can resolve 80% of their contested divorce and custody cases between self‐represented parties in just one hearing with a special calendar that employs a problem‐solving approach, triage, a simplified process, and early intervention.Courts should use problem‐solving approaches instead of the traditional adversarial model to resolve divorce and custody cases.Courts can facilitate problem‐solving by using unbundled volunteer attorneys, mediators and settlement judges to help parties resolve cases.Courts should triage cases into the appropriate resolution approach.Case screening can occur effectively using information from the pleadings and filed documents along with information about each party's other court cases.Early intervention in the case process is important to allow the parties to resolve and move on as soon as possible.There are significant efficiencies for the court by mass calendaring many cases for the same hearing time. [ABSTRACT FROM AUTHOR]

Joint physical custody (JPC), a parental care arrangement in which a child lives with each parent for at least 25–50% of the time after separation or divorce, is increasingly common in many Western societies. This is a major shift from the standard of sole physical custody, with mostly mothers providing primary childcare after a parental separation or divorce. The increasing share of separated or divorced parents who practice JPC, which in some countries, US states, and regions reaches 30% and more, results from increasing gender equality due to mothers participating considerably in the labor force and fathers being actively involved in their children's daily lives. This review focuses on the effects of JPC on children's and parents' well‐being, based on 40 studies from North America, Australia, and Europe published between 2007 and 2018. In sum, there is empirical evidence from different countries that suggests that JPC arrangements can have positive effects on the well‐being of children and of parents. However, the existing studies are conceptually, methodologically, and contextually very heterogeneous. In addition, self‐selected highly educated parents with a high socio‐economic status, a low conflict level, and children between the ages of 6–15 practicing JPC dominate the samples. Thus, the risks and benefits of JPC are not clear yet and are heavily debated by advocates and academics. The review concludes with suggestions for future research. Translation into Spanish [ABSTRACT FROM AUTHOR]

Couple conflict, which includes conflict over parenting practices, continues to be a topic of considerable interest to family therapists. Following parental separation, resolution or management of conflict over children has a special urgency. 'High‐conflict' cases present some of the most complex systemic and clinical challenges. In this first of two related articles in this issue of ANZJFT, we set out key ideas – some old, some new – about parental conflict from the divorce literature. We present Australian data on separated parents' reports, which found significant conflict at three different points in time after separation and consider the clinical implications. We suggest that while 'high conflict' has an intuitive feel as a descriptor for difficult post‐separation disputes, it has limited utility as a blanket term to inform research and practice. The article acts as a conceptual backdrop to an earlier paper (Smyth & Moloney, 2017), in which we consider the dynamics of enduring 'high conflict.' We suggest that these cases might be qualitatively different to those cases in which intensely felt disputes develop but then recede. We also suggest that amongst enduring 'high conflict' cases there are likely to be cases with especially challenging dynamics such as interparental hatred. [ABSTRACT FROM AUTHOR]

Aim: Joint physical custody, children spending equal time in each parents' respective home after a parental divorce, is particularly common in Nordic compared with other Western countries. Older children have been shown to fare well in this practice but for young children there are few existing studies. The aim of this paper is to study psychological problems in 2- to 9-year-old Nordic children in different family forms. Methods: Total symptom score according to the Strengths and Difficulties Questionnaire as well as scores showing externalizing problems were compared among 152 children in joint physical custody, 303 in single care and 3207 in nuclear families through multiple linear regression analyses. Results: Children in single care had more psychological symptoms than those in joint physical custody (B = 1.08; 95% CI 0.48 to 1.67) and those in nuclear families had the least reported symptoms (B = −0.53; 95% CI −0.89 to −0.17). Externalizing problems were also lower in nuclear families (B = −0.28, 95% CI −0.52 to −0.04) compared with joint physical custody after adjusting for covariates. Conclusions: Young children with non-cohabiting parents suffered from more psychological problems than those in intact families. Children in joint physical custody had a lower total problem score than those in single care after adjusting for covariates. Longitudinal studies with information on family factors before the separation are needed to inform policy of young children's post-separation living arrangements. [ABSTRACT FROM AUTHOR]

False claims of child sexual abuse negatively affect the accused parent and the child. Such false claims can be used to sway custody determinations and cause frivolous applications to the court. This Note proposes that courts impose sanctions, comparable to those set forth in Rule 11 of the Federal Rules of Civil Procedure, on litigants who make false claims of child sexual abuse. Key Points for the Family Court Community: Changes in divorce and custody laws have created an environment that makes false reports of child sexual abuse in divorce and custody cases more likely.False allegations of sexual abuse are often reported after the child returns from a visit with the non‐custodial parent.A parent falsely accused of child sexual abuse undergoes financial and emotional harm.A parent falsely accused of child sexual abuse can cause them to suffer a loss of reputation.False claims of child sexual abuse have lasting effects on the child because s/he can be separated from the parent accused of child sexual abuse while cases are pending.Family courts are overburdened and false allegations of child sexual abuse can overload the court system with frivolous applications. [ABSTRACT FROM AUTHOR]

Family courts have lacked familiarity with evidence‐based recommendations regarding the best interests of transgender and gender‐nonconforming (TGNC) children, resulting in some affirming parents losing physical and/or legal custody. This exploratory, qualitative study with 10 affirming mothers of TGNC children who had experienced custody‐related challenges reported on salient themes, including "blame" for causing children's gender nonconformity, coercion by ex‐partners, bias in the courts, negative impact on children, emotional and financial toll on participants, and the critical importance of adequate resources. Findings indicate the need for better‐educated family court professionals, as well as socioemotional support and financial and legal assistance for affirming parents of TGNC children. Key Points for the Family Court Community: Affirmation of gender identity and expression is critical to the well‐being of transgender and gender‐nonconforming (TGNC) children and youth.Affirming parents of TGNC children and youth have lost custody of their children to nonaffirming parents.We describe the perspectives of 10 affirming mothers of TGNC children who had experienced custody‐related challenges involving nonaffirming ex‐partners, including these mothers' reports of how their TGNC children were negatively impacted by these experiences.Study findings indicate a need for better‐educated family court professionals and provision of financial and legal assistance for affirming parents of TGNC children. [ABSTRACT FROM AUTHOR]

Abstract This papers discusses the trend of custodial rights of underage children that fall to the fathers after divorce. The Legal Anthropology Study is conducted by interviewing 15 (ffteen) divorced couples wherein custody fell to the fathers. The tendency of granting custody to the fathers is motivated by several factors from the wives: affairs, ill temperaments, neglectful of children, animosity with the in­laws, and the desire to divorce quickly without the burden to care for children. Fathers accept the responsibility as the caregiver of children to show his economic capability; to easily oversee the development of children; to facilitate their daughters when they require custodians for their marriage as well as to provide affections. In caring for children, fathers are assisted by relatives. Intisari Tulisan ini membahas tren hak asuh anak di bawah umur pasca perceraian jatuh di tangan bapak. Studi Antropologi Hukum dilakukan dengan mewawancara 15 pasangan cerai dengan hak pengasuhan jatuh ke tangan bapak. Kecenderungan pengasuhan anak ke tangan bapak dilatarbelakangi faktor istri: selingkuh, tabiat buruk, penelantaran anak, bermusuhan pada mertua perempuan, ingin cepat bercerai tanpa beban mengasuh anak. Bapak menerima tanggung jawab sebagai pengasuh anak karena ingin menunjukkan bahwa ia mampu secara ekonomi; agar mudah mengawasi tumbuh kembang anak; memudahkan saat anak perempuannya nanti membutuhkan dirinya sebagai wali nikah serta ingin mencurahkan kasih sayang. Bapak mengasuh anak dengan bantuan kerabatnya.

Objectives: To evaluate Israeli Arab social workers’ custody recommendations, given the unique cultural context in which they operate. Methods: The current study used an experimental-design embedded within a survey. Data regarding custody recommendations were collected from 137 Israeli Arab social workers. Results: Israeli Arab social workers tend to adhere to traditional norms and prefer mother’s custody (odds ratio [OR] = 3.74; effect size [ES] = 0.73) over father’s (OR = 0.05; ES = −1.65) and joint custody (OR = 0.19; ES = −0.91). Contrary to the hypothesis, males were not associated with father’s custody, but female gender increased the chances for mother’s custody (OR = 1.27; ES = 0.13). Parents’ education level increased the chances for joint-custody recommendation (OR = 1.69; ES = 0.29). Conclusion: Traditional social norms have an impact on the social worker’s decision. The relationships between social workers’ decision-making processes and their perception societal expectations and norms can be viewed from the perspectives of tacit knowledge, worker’s reflexivity, and evidence-based practice. We emphasize the importance of developing and assimilating relevant organizational mechanisms, supervision, and teaching curricula. [ABSTRACT FROM AUTHOR]

Objective: This article examines the determinants of father–child contact in Germany after divorce and separation, with a special emphasis on the role of legal child support. Background: The contact separated fathers have with their children is a policy‐relevant issue that has been intensively addressed in previous research for the United States, the United Kingdom, and Canada. For continental Europe, there has been far less research on this topic. This article investigated how fathers' union status at childbirth, custody arrangements, and past and present partnership dynamics affect the level of contact they had with their first‐born child from a prior union. Method: Data were used from Wave 2 (2009–2010) to Wave 8 (2015–2016) of the German Family Panel pairfam ( www.pairfam.de). With a final sample size of 285 fathers, population average logistic models were estimated that examined nonresident fathers' probability of having frequent contact versus having little or no contact with their first‐born children. Results: Whether a nonresident father shared legal custody with the mother was a decisive factor in whether he had regular contact with his minor child, particularly if he was not living with the mother of the child at the time of delivery. There were strong interaction effects between having joint legal custody and the time since the parental separation. Joint legal custody did not have an immediate impact on father–child contact around the time of separation, but as time elapsed, men without joint legal custody were more likely to lose contact with their children than men with joint legal custody. Conclusion: Joint legal custody may provide an institutional arrangement for separated parents to exercise their responsibility for the well‐being of their children and thus be conducive to regular father–child contact. [ABSTRACT FROM AUTHOR]

This article identifies ways that judges, lawyers, researchers, and policy makers may attend to the role of gender and gender dynamics facing same‐sex couples upon divorce or other relationship dissolution. When same‐sex couples marry, the legal system and society at large may project conceptions of gender onto same‐sex couples, often in a manner that conflicts with couples' intentions and practices. Gender and gender dynamics may affect the bases for dissolution, the financial aspects of dissolution, and the determination of child custody. The article also suggests directions for future research on the impact of gender on the dissolution of same‐sex relationships. [ABSTRACT FROM AUTHOR]

This article reviews the long battle to reform Australia's custody and access laws between 1995 and 2011. The result is a law which strongly encourages courts to consider the option of shared physical custody, while also emphasizing the need to protect children from harm, not least from being exposed to family violence. The trench warfare over the text of the legislation between advocacy groups has now largely ceased. Good empirical research on the outcomes of reforms to the family law system assisted in clarifying the issues. However, the role of law in shaping parenting arrangements after separation should not be exaggerated. We can believe too much in law; and therefore, believe too much in law reform. [ABSTRACT FROM AUTHOR]

Maternal repartnering may have benefits for mothers and children. Yet, mothers with coresident children face more difficulty repartnering than other adults. Despite that shared physical custody and father involvement have increased over time, few studies have examined whether nonresidential father involvement and financial support are associated with subsequent maternal repartnering. Using data from the UK Millennium Cohort Study, we found a negative relationship between nonresident father involvement and subsequent maternal repartnering among mothers who were neither married nor cohabiting at childbirth. A potential explanation is that these parents may be engaged in fluid and uncertain relationships, and that the ambiguity thereof may discourage maternal repartnering. We found no association between father involvement and maternal repartnering for mothers who were cohabiting with or married to the father at the time of birth. Finally, we found no association between child support (maintenance) receipt and maternal repartnering, regardless of parental relationship status at the birth. [ABSTRACT FROM AUTHOR]

The parental gatekeeping, forensic evaluation model for child custody evaluators and other family court practitioners is presented. Gatekeeping refers to the ability of each parent to support the other parent-child relationships. The gatekeeping concept represents a common best interest statutory factor. Patterns or subtypes of gatekeeping are defined: facilitative, restrictive, and protective. A justification analysis is required when a parent is not supportive and/or restrictive on the other parent’s access to the child. The restrictive parent needs to identify the reasons for being restrictive/protective and show the nature of the harm. Relevant research is reviewed on joint parental involvement and gatekeeping. The gatekeeping model is applied to the context of relocation disputes. Relocation is framed as restrictive gatekeeping and the child custody relocation analysis is presented as a justification analysis in terms of the facts, context, reasons for moving, advantages/disadvantages, and legal factors that need to be assessed and considered. [ABSTRACT FROM AUTHOR]