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Child custody cases post-parental separation entail inherent complexities and uncertainties for legal experts and decision-makers, and are influenced by context factors. This study sheds light on how legal actors (i.e., judges, prosecutors, lawyers, psychologists, and social workers) navigate the uncertainties that arise in such context and, therefore, make their decisions. Based on a reflexive thematic analysis involving 73 participants from Brazil and England, this study reveals cognitive strategies employed by legal actors to comprehend uncertainty and operate in the decision-making context. These strategies encompass heuristics (i.e., selection, evaluation, degrees of freedom, and outsourcing decisions/resolution) and metacognitive strategies (custodial arrangements, professional practices and 'best interests of the child' speech). These results provide a window into the decision-making processes in child custody cases; they offer a comprehensive understanding of the multifaceted sensemaking strategies employed by legal professionals. The results carry substantial implications for informing and improving legal practice in handling complex child custody situations. Furthermore, this study charts new paths for future research by highlighting potential avenues for refining and advancing the strategies employed by legal experts in these cases, especially considering the child's best interests. [ABSTRACT FROM AUTHOR]

Objective Background Method Results Conclusion Implications This paper examines the way divorced mothers' long‐run employment, long‐run earnings, and subjective experiences of work–family conflict differ by children's postdivorce living arrangements.Children's living arrangements are an important—and somewhat overlooked—determinant of mothers' postdivorce economic outcomes. Parenting commitments and resource availability tied to the amount of time children spend in residence can impact mothers' experiences of work–family conflict and consequent employment.The paper uses linked administrative and survey data for divorced parents in Wisconsin. It applies a mixed‐methods approach, first using multivariate regression models to control for baseline characteristics in exploring mothers' labor market outcomes and experiences of work–family conflict, and subsequently performing content analysis on open‐ended survey responses to enhance the findings from the quantitative analysis.Mothers with shared physical custody are 5% more likely to report being employed in the long run, experience 6% less work–family conflict, and show larger increases in long‐term earnings than mothers who have sole physical custody of their children. However, the higher long‐term earnings of shared placement mothers cannot be attributed to lower work–family conflict.Shared placement mothers enjoy a labor market advantage in the long term after divorce, but more research is needed to understand the mechanisms behind this relationship.Public policy encouraging shared placement can be beneficial for divorced mothers' economic outcomes. [ABSTRACT FROM AUTHOR]

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]

Copyright of Revista Foco (Interdisciplinary Studies Journal) is the property of Revista Foco 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 number of children affected by family dissolution is increasing worldwide. Beneficially, a growing number of both parents desire to remain active in their children's lives, favouring the practice of shared care. Unfortunately, this has introduced new dilemmas that can negatively impact children's well-being. One example is the controversial topic of travelling children, who have become 'visitors' traversing between their parent's households. The bird's nest arrangement, a child-centred shared parenting system wherein the child resides in a single home while the parents rotate living with them, can resolve this problem. Despite its unique focus, few studies have investigated its application or the effects of the arrangement. To identify factors related to the child's best interests, this work qualitatively explored the experiences of Estonian parents who chose a bird's nest arrangement. Parents recruited through purposive sampling underwent in-depth, semi-structured interviews from March 2020 to January 2021. Bird's nest parenting was found to be guided by the parents' desire to act in the best interests of their children, holding the view that children should not suffer due to parents' separation. The post-divorce physical setting was found to impact the child's health and well-being as the preservation of a single familiar home was associated with multiple advantages like avoiding adjustment problems, ensuring stability and improving relations. While also viable for long-term solutions, nesting was considered particularly useful for the transitional period following separation, as it minimised sudden, harmful changes. The arrangement was perceived as beneficial for both children and parents. [ABSTRACT FROM AUTHOR]

The detrimental effects of parental break‐up on children's mental health are well‐documented. However, research has also shown that children living in joint physical custody (JPC) arrangements often fare better than children living in sole physical custody (SPC) arrangements. Thus, the question arises: What are the differences between JPC and SPC that account for those results? Drawing on data from the Family Models in Germany (FAMOD) study conducted in 2019, structural equation models (SEM) were estimated to deduct the mediating role of coparenting support in children's mental health in 465 JPC and 652 SPC families with children aged 2–14. The findings suggest that the better mental health observed among children in JPC families than among children in SPC families was fully mediated by coparenting support. However, this held true only for internalizing and externalizing behavior, but not for prosocial behavior as no differences between JPC and SPC were found for this dimension. The findings affirm the importance of supportive coparenting for children's well‐being after family dissolution in both SPC and JPC arrangements. After breaking up, parents should be supported in their parental engagement through coparenting counseling or psychoeducation classes. [ABSTRACT FROM AUTHOR]

Intimate partner violence (IPV) is a leading cause of separation and/or divorce. IPV may not stop after separation, as parents who use IPV can continue intruding in the lives of parents who experience IPV due to unsafe parenting arrangements that allow continued frequent contact and thus risk further abuse. Therefore, it is critical that separating/divorcing parents be assessed for IPV and ongoing safety concerns. Parenting arrangements (e.g., physical and legal custody, parenting time) may not include the appropriate protections if IPV has not been uncovered and/or considered. Unfortunately, many existing IPV screens for family court processes have limitations. The Mediator's Assessment of Safety Issues and Concerns‐Short (MASIC‐S) was designed to address these limitations. Results from the MASIC‐S may be used to inform and create parenting arrangements in the best interest of the child. We provide recommendations on how MASIC‐S results can guide family court practitioners in parenting arrangement disputes. These recommendations are based on the existing literature and guidelines regarding the relationship between parenting arrangements and child‐wellbeing following separation/divorce in the context of IPV. We also discuss areas in which additional research is needed to help determine parenting arrangements most suitable for separating/divorcing parents with a history of IPV. Key points for the family court community: The use of an IPV screen in family law is necessary for effectively considering how to increase the safety and improve the outcomes of parents and children during and after the separation or divorce process.We offer recommendations, based on existing research, to help family law practitioners effectively screen for IPV among separating and/or divorcing parents.We introduce two versions of the Mediator's Assessment of Safety Issues and Concerns‐Short (MASIC‐S), an IPV screening tool we developed for family law practitioners and discuss how MASIC‐S screening results can assist practitioners in disputes over parenting arrangements. [ABSTRACT FROM AUTHOR]

Copyright of Dilemas Contemporáneos: Educación, Política y Valores is the property of Dilemas Contemporaneos: Educacion, Politica y Valores 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.)

While the challenges of family law reform and barriers to justice are widely studied, there is a gap in our understanding of the gendered nature of the use of courts in West Africa. Through analysis of judicial decisions in Courts of First Instance (Tribunaux de Première Instance) in Allada and Cotonou, Benin, this article examines how women and men use lower courts in family law cases. This article finds that despite barriers to access to formal institutions, women use these courts in equal numbers as do men, and they use them for divorce, as well as to claim child custody, child-support and alimony. Men mostly use family law courts to determine paternity and to seek divorce. Despite a widespread lack of confidence in courts and tribunals, these Courts of First Instance are a tool for women to challenge social hierarchy and to claim rights for themselves and their children. [ABSTRACT FROM AUTHOR]

In this research note, we demonstrate that trends in the likelihood of child support agreements differ by marital history (i.e., never-married vs. ever-married) and by whether measures rely on the stock of families (i.e., allthose in which children live apart from a parent) or the flow (i.e., those that include children who newly live apart from a parent) in a given year. While previous research has highlighted difference by marital history, the contrast between stock and flow is a new contribution. Trends are typically measured with reference to the stock of cases, even while the flow of cases, which more immediately reflects concurrent policy changes, is more relevant in many contexts. Interpretations of recent declines in child support agreements in the stock of cases--referenced as evidence for both mandating participation and the impracticality of requiring child support-- may be better informed by considering the flow of cases. We find the flow of previously married mothers increasingly likely to have child support agreements while the likelihood is relatively consistent over time for nevermarried mothers. For both groups, using the flow measure, we find notable increases in agreements without payments due in the most recent period. These findings underscore the importance of differentiating stock and flow, and by marital history, in considering the proportion with agreements as an indicator of the effectiveness of current policy. [ABSTRACT FROM AUTHOR]

Following parental separation, fathers' greater or lesser parental involvement relative to the other parent may be differently accounted for by father, child, and coparental factors. A representative sample of 671 separated fathers completed questionnaires two and four years after separation. For fathers less involved than the other parent, a better coparenting relationship accounts for greater T1 involvement, but predicts a decrease in involvement by T2. For fathers more involved than the other parent, a better coparenting relationship accounts for more balanced involvement of both parents at T1 and T2. For all fathers, more custody time accounts for greater T1 and T2 involvement and greater psychological well-being accounts for greater T1 involvement. Implications for intervention and research are discussed. [ABSTRACT FROM AUTHOR]

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.)

One of the goals of Saudi Arabia's Vision 2030 is to manage family breakdowns when they occur, so individuals can continue to succeed in their personal and professional life. The country's new personal status law does this while balancing Shariah principles and emerging international commitments and practices. The new law aims to improve the quality of life and promote human rights in the country. This note begins by briefly describing changes the new law introduces with regard to marital consent, marital property, and child custody; and then analyses the Shariah principles these changes rely on. After evaluating the positive effects of this codification in Saudi Arabia, the note concludes by assessing gaps that remain to be filled and recommends areas for further research. [ABSTRACT FROM AUTHOR]

The essay proposes that children should not participate in custody proceedings because they lack a place in the public world, a concept which was developed by Arendt and which I elaborate on the basis of her writings. Arendt's concepts of place in the world and of childhood are correlated, polar ethical concepts. 'Place in the world' as described by Arendt combines commitment to worldbuilding as a collaborative enterprise, relations of mutual-recognition among equal co-builders of the public world, an inviolable place in public and private realms, and self-disclosure through the staging of public appearances. We should recognize children as rightful participants in divorce proceedings when we are ready to treat them as occupants of place in the world, split between public and private realms and corresponding public and private voices. Recent practices of children's participation undermine the intimate realm of childhood as well as the public world. [ABSTRACT FROM AUTHOR]

In the Turkish legal system, children born within marriage receive the father's surname. In the case of a divorce, custody of the child is usually granted to the mother. However, the child's surname does not change after the divorce, while the woman resumes her pre-marriage surname, which means the surnames of the child and the mother will differ. Due to different surnames, the child may face various problems with school life, healthcare services and may even suffer from peer pressure. The Turkish Civil Code (TCC) does not permit the woman to change the child's surname, even when she has been granted custody by court order. In this article we discuss the best interests of the child when the mother and child carry different surnames. We argue that there is inequality for women in the TCC regulations concerning the child's surname despite claims to support gender equality. [ABSTRACT FROM AUTHOR]

The objective of this study is to approach the opinion that men and women have about the type of custody desired to be established in the event of marital breakdown, an aspect that has not been analyzed in Spain until now. Methodological triangulation is used for this purpose using quantitative and qualitative techniques. The results indicate that aspects such as the gender of the spouses, ideology or income level are key to understanding what type of custody is desired in the event of divorce. The main conclusion highlights the existence of a dissonance between the most desired custody option after the breakup of the couple and what actually happens. [ABSTRACT FROM AUTHOR]

Religion plays a central role in clients' identities, their behaviors, and their contacts with professionals. Such influence on professionals' practice is evident in cases of clients with intellectual disability and mental health illnesses in Israel. The article examines the tendency of Muslim social worker to prefer religious recommendations (following the qadi's decision) regarding the rights of marriage/divorce and child custody for parents with Mental Illness (MI) or Intellectual Disability Disorders (IDD) in simulated vignettes court cases. The study analyzed vignettes simulating Muslim religious (Sharia) court cases. Muslim social workers (138) completed a background and religiosity questionnaires as well as their response to 25 vignettes simulated court rulings adapted for this study. The decision of the qadi was rephrased in a short statement and appended after each case of the 25, this decision was considered as a religious recommendation since it based on religious consideration. The participants were asked whether they agree or disagree with these recommendations. Muslim social workers tended to consider religious recommendation when the family of the person with MI was described as religious. The discussed issue (marriage/divorce or child custody) was found to explain their tendency to adopt religious recommendation in cases of IDD. Implications of our findings are discussed with respect to social work practice and education. [ABSTRACT FROM AUTHOR]

The roots of the modern men's rights movement can be traced back to 1960s agitation for divorce reform and later surges of fathers' rights activism. An overlooked feature of the movement's growth is the activism of women. Using organizational papers, press coverage, and advice literature, this article examines self-identified "second wives," female activists married to men who first mobilized following acrimonious divorces and child custody battles. Second wives constituted a sizable minority of men's rights movement membership and held key leadership roles. As with women's activism in other conservative and antifeminist political movements throughout the late twentieth century, second wives responded to both their movement's surface demands and, at a deeper level, a threatened gender order. Second wives' vital organizing roles also made it possible for the men's rights movement to gain public respectability, allowing its ideology to enter the mainstream by the mid-1990s. [ABSTRACT FROM AUTHOR]

This study examined the relationship between post-separation physical custody arrangements – that is, sole physical custody (SPC), asymmetric, and symmetric joint physical custody (JPC) – and resident parents' loneliness. The analyses were based on data from the Family Models in Germany (FAMOD) survey with an analytical sample of 1,146 resident parents living in post-separation families. Bivariate findings suggested that resident parents practicing asymmetric JPC reported fewer feelings of loneliness than resident parents practicing SPC. However, no differences were found between parents in symmetric JPC and SPC families. In the full multivariate model, the difference between resident parents in asymmetric JPC and SPC arrangements disappeared. Results showed that resident parents practicing asymmetric JPC had more time for friends and were less depressive and, thus, felt less lonely than parents with SPC arrangements. [ABSTRACT FROM AUTHOR]

Joint physical custody of children (JPC) after parental separation or divorce is a new phenomenon both in the Polish legal system and in the everyday practices of Polish families. While the number of couples who decide to share childcare equally after separation is growing, there is still no definition of JPC in Polish law and children who live in two homes are considered at risk of harm. The article presents findings of ethnographic research conducted with Polish children and teenagers who live in joint physical custody. It discusses how children who live in two homes do family and how they make sense of the efforts needed to successfully navigate frequent movement between their two homes. The article focuses on the practices and everyday life of children. It shows that children are not helpless subjects of their parents' choices but competent actors who creatively navigate and make sense of their family lives. [ABSTRACT FROM AUTHOR]

We investigate when and how two types of self-reported intimate partner violence (IPV), situational couple violence (SCV) and coercive controlling violence (CCV), are documented in divorce cases. We further examine how IPV influences child custody decisions and how this association is moderated by whether custody was contested or involved third-party intervention. This study involved data collected in two federally funded projects on IPV, divorce, and custody. The initial phase involved self-reported data collected from 195 mothers early in the divorce process. The second phase involved matched administrative divorce, civil protective order, and criminal court records. Self-reports of IPV among a general sample of divorcing mothers were generally not documented in divorce cases regardless of whether situational couple violence or coercive controlling violence was reported. Women who self-reported IPV (of either type), however, were more likely to use mental cruelty grounds for divorce. Sole custody was more likely when IPV was self-reported or documented (regardless of type). When CCV was reported, sole custody was more likely when cases also involved third-party intervention. When IPV was not reported, sole custody was more likely when the custody decision was contested or involved third-party intervention. Reliance on voluntary self-disclosure results in courts not being made aware of IPV. Routine screening and training for family court practitioners is needed to ensure protective custody outcomes. Furthermore, financial and logistical constraints may disincentivize contesting custody or third-party intervention when doing so could result in greater protection. [ABSTRACT FROM AUTHOR]

This article delves into the social reality of same-sex couples breaking up in Spain, seeking to answer questions, such as: When and why does divorce occur? What type of divorces occur and what is child custody like? To accomplish this, an overview and evolution of these marriages is provided; later the status of the issue regarding marriages and their terminations is explored. The investigation proposes triangulation as a methodological strategy using quantitative and qualitative techniques to achieve greater richness and guarantees in the results, indicating that marriages of same-sex couples have a distinctive idiosyncrasy in comparison to that of heterosexuals in the divorce process. [ABSTRACT FROM AUTHOR]