Search

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 Using court case testimony transcripts, court petitions, domestic violence complaints, personal letters, unpublished memoirs and other documents, I show how Nigerians sought legal assistance from district courts when local native courts failed to satisfy the aggrieved.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]

Literature regarding trans and gender diverse (TGD) prisoners' experiences of prison custody is limited. Reviewing international literature enables a better understanding of these experiences and how effectively TGD policies are implemented. This systematic review employed PRISMA and ENTREQ guidelines to enhance transparency in reporting the synthesis of qualitative and mixed‐methods research. Seventeen papers were included and through meta‐ethnographic synthesis three overarching themes emerged: structural, interpersonal and intrapersonal. Recommendations include reducing reliance on survival strategies by TGD prisoners through implementation of policies which meet TGD prisoners' needs and to enabling better informed decision making regarding housing. Further research into lived experiences would allow for a better understanding of what currently works, how services could be improved, and identify potential training needs. [ABSTRACT FROM AUTHOR]

This United Kingdom (UK)-based interdisciplinary proof-of-concept study explores the use of video remote interpreting (VRI) platforms to facilitate communication for deaf individuals using signed languages during their entry into Police Scotland's custody. The study employs three custody VRI simulations to assess the efficacy and limitations of VRI in this context. A unique framework is applied to scrutinise the management of equal access to routine police procedures, revealing disparities in the distribution of responsibility and highlighting the constrained capacity of interpreters. The research emphasises the need for law enforcement to move beyond mere interpreter provision – whether on-site or remote – and advocates for a holistic consideration of the overall experience of deaf people during police interactions. Furthermore, it underscores the imperative for interpreters to cultivate versatile skills, enabling them to address procedural and communication challenges, particularly when the welfare and safety of citizens are at stake. This investigation prompts a comprehensive re-evaluation of the support systems in place for deaf individuals in police custody, urging a shift towards a more inclusive and nuanced approach. [ABSTRACT FROM AUTHOR]

In the United States, suicide is a leading cause of death in prisons and jails, with incarcerated individuals being nine times more likely to die by suicide than the general population. Identifying vulnerabilities at each stage of custody (prebooking, jail, prison) and factors that increase suicide risk can improve prevention efforts. A hierarchical binary logistic regression was conducted on data from the Texas Justice Initiative's Deaths in Custody Report. Variables included race/ethnicity, sex, age at death, days in custody, classification of crime as violent or nonviolent, and custody type of prebooking, jail, or prison. Among main effects, when compared to suicide rates in prison, jail suicide deaths were over three and a half times more likely (OR = 3.61), and the period of prebooking emerged as a period of staggering risk of suicide death, with suicides being over 5,000% more likely than at other stages of custody (OR = 50.86). When interactions were entered, Latinx individuals were at a particularly increased risk of suicide death (OR = 10.46), likelihood of suicide death decreased with each year of age (OR =.89), nonviolent offenders were just under three and a half times more likely to die by suicide when compared to violent offenders (OR = 3.45), and each stage of custody was shown to affect the relationship between age-related rates of suicide in different ways. Results call for further investigation into suicide among understudied populations in corrections, such as Latinx individuals, juveniles in the prison system, and nonviolent offenders, to identify the groups at the highest risk of premature death in correctional systems. [ABSTRACT FROM AUTHOR]

During the decades from the 1960s to the late 1980s, the Intelligence Division of the Police of Puerto Rico secretly compiled files on individuals who supported the independence of this Caribbean archipelago from the USA. The public knowledge of the existence of these files, known in Puerto Rico as las carpetas, in 1987 prompted a judicial process that ended in 1992 with a decision that opened a period where individuals were able to claim and receive their files, without any redactions, instead of transferring the records to an archival institution. The files that were not claimed stayed under the custody of the judicial branch until 2003, when after a public debate about its disposition, the records were transferred to the Archivo General de Puerto Rico. In addition, various individuals donated their files to the University of Puerto Rico. The particularity of this case has led to a situation where records from the same provenance, using the classical definition of the concept, are dispersed in various archival institutions and in the homes of hundreds of Puerto Ricans. This paper will use the case of las carpetas, and its particularities regarding custody, to analyze contemporary re-interpretations of provenance in the context of state intelligence records. [ABSTRACT FROM AUTHOR]

This article conducts a comparative analysis of pre-trial detention challenges in Ukraine and Sweden, highlighting common issues and distinctive features. Both countries face non-compliance with international standards in their remand policies, with legislative problems serving as a focal point. Recent legislative efforts in Ukraine and Sweden have addressed some issues, but significant challenges persist, requiring comprehensive solutions. The legislative disparities between the two nations manifest in the technical nature of Ukraine’s problems and Sweden’s more systemic issues. A unique challenge faced solely by Sweden is the disproportionately high number of foreigners in pre-trial detention, highlighting discriminatory legal regulations. Procedural hurdles vary, with Sweden grappling with the lack of specificity in prosecutors’ grounds for restrictions, while Ukraine faces a formalistic approach to remand extensions. Long-term pre-trial detention is identified as a shared concern, attributed to systemic principles in Sweden and technical procedure problems.

Objective: People detained in short‐term police custody often have complex health conditions that may necessitate emergency care, yet little is known about their management in EDs. The present study aimed to understand ED doctors' experiences and perceptions regarding the appropriateness and management of detainee transfers from police watch‐houses to the EDs. Methods: A qualitative descriptive study, using semi‐structured interviews undertaken with ED doctors working in five purposively sampled EDs across Queensland, Australia. Data were analysed using inductive content analysis. Results: Fifteen ED specialists and trainees participated. Participants reported that their overarching approach was to provide equitable care for watch‐house detainees, as they would for any patient. This equitable approach needed to be responsive to complicating factors common to this population, including presence of police guards; restraints; complexity (physical/mental/social) of presentation; reliance on police to transport; ED doctors' often limited understanding of the watch‐house environment; justice processes and uncertain legal disposition; communication with the watch‐house; and detainees misreporting symptoms. Thresholds for assessment and treatment of detainees were contextualised to the needs of the patient, ED environment, and imperatives of other relevant agencies (e.g. police). Participants often relied on existing strategies to deliver quality care despite challenges, but also identified a need for additional strategies, including education for ED staff; improved communication with watch‐houses; standardised paperwork; extended models of watch‐house healthcare; and integrated medical records. Conclusions: Providing equitable healthcare to patients transported from watch‐houses to the EDs is challenging but essential. Numerous opportunities exist to enhance the delivery of optimal care for this underserved population. [ABSTRACT FROM AUTHOR]

There has been considerable public discourse around courts allegedly “dismissing” mother's allegations of domestic violence and child abuse when a father alleges that he is being alienated from his children by their mother. The purpose of this project is to test whether this discourse is based on an illusory correlation. Published court decisions from 200 family court cases in Canada were sequentially selected if parental alienation was alleged to have happened to the father and abuse was alleged to have been perpetrated by the father. Independent coders recorded the investigative outcomes of the court cases regarding alienation and abuse, and whether the mother lost child custody. Results indicate that there is an illusory correlation between family court cases involving both allegations of abuse and parental alienation, and that mothers are generally not losing custody to abusive fathers in such rarely occurring cases. [ABSTRACT FROM AUTHOR]

The novella Rayanna, the patriot (2015) by Basavaraj Naikar deals with patriotic rebellion of Rayanna, the hero of Kittur kingdom of South India in the second decade of the nineteenth century. With the defeat of the Kittur kingdom, the heroic Rani Chennamma and her confidants were imprisoned. Young Rayanna's father and many other soldiers were slaughtered. Rayanna wanted to reinstate the Rani to the throne of Kittur by fighting against the Company Sarkar. Rayanna started organizing his own army. He joined hands with other rebel patriots. In his effort to make rebellion, he killed some betrayers and looters who used the name of Rani Chennamma and Raja Mallasarja. Rayanna's party started their rebellion with the looting of Government treasuries in Bidi village and Sangolli. They invested the money in recruiting soldiers and strengthening their army. While Rayanna was planning for a great rebellion against the Company Sarkar some treacherous soldiers in his army were bribed by the Company Sarkar. So he was trapped easily by his bodyguards. On 16 December 1830 Rayanna was hanged by the British authority. Some of his confidants were also hanged. The rebellion ended in smoke, but the patriotic spirit and zeal of Rayanna and his soldiers is still preserved in the history of India and given due honour by the Indians. [ABSTRACT FROM AUTHOR]

The purpose of this study includes the investigation and solving of a set of issues concerning custody from the standpoint of observing and protecting human rights and freedoms. The general scientific, legal, and socio-political tools for investigating public processes, judicial decisions and the practice of the Commissioner for Human Rights in Ukraine were used for a generalising analysis of the present-day realities of custodial issues in institutions of the State Penitentiary Service of Ukraine and the activities of various subjects. An in-depth study of the human rights mechanism in Ukraine upon ensuring and guaranteeing the rights and freedoms of a person in custody has determined the practical significance and originality of the materials of this paper. The subject of this study, related to the violation of the rights and freedoms of citizens during their illegal custody in pre-trial custody centres and temporary detention facilities. [ABSTRACT FROM AUTHOR]

Copyright of Türkiye Adalet Akademisi Dergisi is the property of Justice Academy of Turkey 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 article presents the findings from the United Kingdom's (UK's) first in‐depth exploration of the impacts of Covid‐19 on children at each stage of the youth justice system. Based on interviews with 140 youth justice professionals, participatory research with 40 children in custody and in the community, and a survey of all 157 youth offending teams in England and Wales, the research demonstrates that the pandemic increased the vulnerabilities of justice‐involved children; children who are routinely exposed to health anxieties, instability and inequalities, adverse experiences in the home, systemic racism and school exclusion. Professionals and children reported an increase in mental health illnesses such as anxiety and depression due to range of intersecting factors such as isolation, lack of socialising, lack of routine, lack of physical activity and poor sleep patterns. Post‐pandemic, there is an urgent need for a systemic commitment to addressing the mental health vulnerabilities of justice‐involved children. [ABSTRACT FROM AUTHOR]

Custodians and asset servicers continue to face headwinds from a tough macro environment and changing regulatory landscape, while being at the cusp of seismic technology changes. This includes artificial intelligence (AI), large language models (LLM) and digital ledger technology (DLT) that are delivering ground-breaking insights from vast data sources and enabling digitisation of assets that can redefine value chains. The securities services industry is constantly challenged to get the right balance between providing robust and efficient core services and innovative solutions for the future. So, amid the deluge, where should these institutions focus attention to service evolving client needs and sharpen their competitive differentiation? Should companies prioritise new value creation in core services by continuing to focus on data quality, efficiency, risk reduction and resilience initiatives using latest technologies such as AI and machine learning (ML)? Or should they focus more on augmenting the client experience with newer datadriven services and insights? Is a data-sharing and collaboration-driven platform and ecosystembased approach going to drive the future? This paper touches on some of the considerations and strategies that custodians are focusing on today to achieve client-oriented differentiation in custody and asset servicing. [ABSTRACT FROM AUTHOR]

Copyright of Ege Journal of Medicine is the property of Ege University, Faculty of Medicine 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.)

Friðhelgi fjölskyldunnar eru mannréttindi sem ná til fjölskyldunnar í víðum skilningi og því má ekki sundra fjölskyldu gegn vilja fjölskyldumeðlimanna nema aðskilnaður sé nauðsyn¬legur með tilliti til hagsmuna barnsins. Þrátt fyrir að þessi réttur sé varinn af stjórnarskránni og mannréttindasamningum virðast forsjárlausir foreldrar standa uppi réttlausir gagnvart barni sínu ef forsjárforeldri afsalar sér forsjá barnsins til barnaverndarþjónustu. Hér verður farið yfir þau lög og lögskýringargögn sem við eiga um þessi mikilvægu réttindi og mál tveggja forsjárlausra foreldra reifuð til að varpa ljósi á hvernig staðan er í raun. Því forsjárlausir foreldra hafa verulega takmörkuð úrræði til að leita réttar síns gagnvart barni sínu við þessar aðstæður og því mikilvægt að breyta lögum til að tryggja sem best réttindi foreldra í þessari stöðu. Familial integrity is a human right adhering to family in the broader sense and families cannot therefore be divided lawfully without their members consent, unless the separation is necessary in regards to a child’s best interest. In spite of familial integrity being protected by the constitution and human rights conventions, non-custodial parents seem to be without parental rights if the custodial parent conveys custody to child protection services. This review of legislation and explanatory documents regarding these important rights and two case studies of non-custodial parents will shed light on the current situation. Non-custodial parents have very limited options to guarantee their rights towards their child in these circumstances, and it is therefore important to change the law in order to best guarantee the rights of parents in this situation.

Copyright of Collected Papers of Zagreb Law Faculty / Zbornik Pravnog Fakulteta u Zagrebu is the property of Sveuciliste u Zagrebu, Pravni Fakultet 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.)

It has summoned contemporary reality, especially in commercial transactions between the seller and the buyer, and has necessitated the existence of the so-called additional guarantee, which includes the determination of a period between the seller and the buyer so that the buyer can determine the validity of the sale and use it. As well as deliberation by choosing what is suitable for him, and the legitimacy of the additional guarantee has been proven by the book, the Sunnah, and reasonable, to preserve rights, achieve justice and fairness between the parties to the sale contract, and not lose those rights to their owners. The additional guarantee has been adapted to the existing forms suitable for it in Islamic jurisprudence, such as the gendarmerie guarantee and the trust guarantee, and this guarantee aims to document and confirm rights so that they are not denied or circumvented afterward, as well as so that such treatment is strictly regulated following what is prescribed in Islamic law. It may cause damage to the other party, injustice, or the loss of his right to it. One of the most important results concluded by the researcher through the study of this topic is that in the event of a defect in the sale, it must be refunded and its price or replacement taken, provided that this is within the period multiplied by him, and if that period is exceeded, the buyer's right to respond is forfeited. For this reason, the researcher recommends that the additional guarantee be documented in the contract that takes place between the parties to the contract so that this guarantee is not denied by the seller's or buyer's claim that the guarantee exists without evidence. My writing in this research was according to the inductive, deductive, descriptive, and analytical approaches because the research needs such types of approaches. [ABSTRACT FROM AUTHOR]

Parent–child contact problems (PCCP) are among the most vexing and intractable matters encountered in contemporary divorce and post‐divorce litigation. These complex and incendiary family dynamics can confound even the most experienced evaluators, investigators, and jurists, fueling opposing confirmational biases, and sparking a destructive tug‐of‐war between the aligned parent's allegations of abuse and the rejected parent's allegations of alienation. This article describes all such either/or binary arguments as misleading, contrary to the science, and harmful to children. Rather than cast alienation and estrangement as mutually exclusive alternatives, the systemically‐informed professional must consider more than a dozen mutually compatible practical exigencies and relationship dynamics which can converge to cause a child to align with one parent and resist or refuse contact with the other. Together, these variables are described as constituting an ecological model of the conflicted family system. A rubric is proposed to standardize evaluation across time, children, families, and jurisdictions, minimize bias, avoid premature closure, facilitate more comprehensive evaluations, optimize the efficacy of associated interventions, and invite more rigorous future research. Key points for the family court community: Human relationships are characterized by complex, chaotic, non‐linear dynamics.Parent–child contact problems (PCCP; aka., resist/refuse dynamics) are typically associated with multiple, convergent dynamics and practical exigencies.Evaluators and Courts must not be drawn into artificial and appealing binary either/or attributions of parent–child contact problems.Alienation, estrangement, and enmeshment are three mutually compatible, commonly co‐occurring dynamics associated with PCCP.A rubric is described that helps to standardize the evaluation of PCCP, minimize bias, avoid premature closure, and assure that the breadth of the child's experience is considered. [ABSTRACT FROM AUTHOR]

The present article seeks to analyze in an analytical way by referring to library sources and based on the methodology of legal knowledge, in addition to paying attention to the results of the efforts of jurists, the effect of the issue of chastity with the focus on the observance and non-observance of hijab by the mother in the matter of child custody. Especially for the girl, report on the legal aspect and explain its role in enjoying the condition of moral health of the mother who is responsible for custody and explain the relationship that he finds with titles such as justice, depravity and trustworthiness of the guardian in the issue of moral degeneration and deprivation of custody. Articles achievement indicates that, from the jurisprudential-legal aspect, a level of mother's hijab is effective in ensuring the child's moral health and the mother's possession of the necessary moral conditions in the matter of child custody, and it can play a role in his chastity under description of chastity. Even if his righteousness and non-debauchery cannot be considered a condition of custody. Based on this, if the non-observance of the mother's hijab is enough to put the chaste upbringing of the child in serious danger according to the prevailing Sharia and customs; He is no longer a guardian in the matter of custody of the child, and the continuation of such custody leads to harm to the child, and therefore custody can be taken away from him. It should be noted that despite the passage of more than half a century since the sexual revolution in the West and the occurrence of nudity pests in these societies, today we are witnessing efforts, especially by families, to treat the aforementioned complications. [ABSTRACT FROM AUTHOR]

The International Securities Services Association (ISSA), Global Digital Finance and Deloitte have co-authored a report on Digital Asset Custody. This paper gives a synopsis of one element of the report and provides a brief explanation of digital asset custody (DAC) and the key facets that should be considered when looking at a DAC solution. DAC is different from traditional asset custody but it is not totally different. There are complexities that occur uniquely within DAC, and it is imperative that managers understand those aspects and the implications, such as permissioned versus permissionless ledgers, key management, etc. There are also a number of familiar terms used in DAC in a different way from traditional markets and is necessary for managers to challenge the existing wisdom for both DAC and traditional custody. To progress the opportunities that DAC - through distributed ledger technology (DLT) and tokenised assets - offer financial markets, however, the industry should not throw away all the learnings from traditional custody offerings. Custodians (in the widest sense) should merge their knowledge of safekeeping principles with the new abilities offered by DAC to ensure that they can manage the risks of operating in this new environment. An example of a new risk is that DLT evangelists will say 'Blockchain is instant and immutable and therefore guarantees finality', but is it true in all or any circumstance? Risk management starts with risk awareness and the purpose of this paper is to explain the risks that occur in the scenarios of providing or purchasing DAC. [ABSTRACT FROM AUTHOR]

This article explores the nature of faith in a youth custody setting. Having outlined the context in which the research is based, I suggest that an instructional approach to Christian education – built upon a belief in a human predisposition to evil, an individualised soteriology, ecclesiocentric missiology and propensity for biblical literalism – is both familiar and attractive to children in custody. I then argue that such an approach can be both psychologically and spiritually damaging and that alternative pedagogical principles and praxis should be sought and embraced. [ABSTRACT FROM AUTHOR]

The scientific article is an attempt to find out whether police care belongs to a preventive or coercive police measure: It has been established that in view of the legal basis, police custody is clearly classified as preventive police measures. It is emphasized that the essence of police custody is the limitation of some constitutional human rights, although the purpose of applying the measure is preventive - prevention of offenses committed by persons subject to police custody and in relation to such persons. It was determined that police custody should be carried out taking into account, first of all, guarantees of human rights and freedoms, guided by the principles of the rule of law. The analysis of the theory of administrative law and the normative legal grounds for the use of police custody allowed the author to attribute the latter to measures of administrative coercion, namely, measures of administrative prevention. It has been proven that the purpose of applying administrative prevention measures coincides with the purpose of applying police supervision. The article delimits police custody from the delivery and detention of the offender. The author dispels the myth about the identity of police custody, delivery and administrative detention, because they fundamentally differ in their purpose, the place where the person is delivered, the terms of application, and the legal meaning. Emphasis is placed on the fact that the parallel application of other preventive police measures (surface inspection, document verification, interviews) is possible during the implementation of any of these measures. Attention was drawn to the fact that police coercive measures (measures of physical influence, special measures) can be applied during delivery and administrative detention, but not during police custody. It was concluded that there is a platform for discussion about the affiliation of police custody to a specific type of police measures. [ABSTRACT FROM AUTHOR]

The volume of the asset investment and trading market can be expanded through the issuance and management of blockchain-based security tokens that logically divide the value of assets and guarantee ownership. This paper proposes a service model to solve a problem with the existing investment service model, identifies security threats to the service model, and specifies security requirements countering the identified security threats for privacy protection and anti-money laundering (AML) involving security tokens. The identified security threats and specified security requirements should be taken into consideration when implementing the proposed service model. The proposed service model allows users to invest in tokenized tangible and intangible assets and trade in blockchain-based security tokens. This paper discusses considerations to prevent excessive regulation and market monopoly in the issuance of and trading in security tokens when implementing the proposed service model and concludes with future works. [ABSTRACT FROM AUTHOR]

Personal mitigating factors (PMFs) such as good character, remorse and addressing addiction help sentencers evaluate an offender's past, present and future behavior. We analyzed data from the 2011–2014 Crown Court Sentencing Surveys in England and Wales to examine the relationship between these PMFs and custodial sentences passed on assault and burglary offenses, controlling for other sentencing relevant factors. Beyond revealing the distribution and co‐occurrence of the three PMFs, it was found that good character, remorse and addressing addiction all had a significant mitigating effect. The effects of addressing addiction were the strongest of the three across both offense types, while good character had a stronger effect on burglary than assault. In addition, some mitigating factors appear to be underweighted when they occur together. We consider the implications of these findings for sentencing policy and practice. [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.

Transgender people face multiple challenges to securing and maintaining parenting rights, yet most studies on trans parenthood focus exclusively on trans masculine people's experiences and feature majority white samples. To address gendered and racialized gaps in knowledge, I conducted 54 semi-structured interviews with trans women in the United States, who parent or wish to parent, across race and class backgrounds. Using the intersectional frameworks of racialized transmisogyny and reproductive governance, I examine the barriers to parenting rights that trans women encounter in adoption and custody disputes. I find that judges and case workers use racist and anti-trans stereotypes when evaluating "parental fitness," which (1) institutionalizes racialized transmisogyny in the law, (2) increases the regulatory power of legal institutions, and (3) reinforces dominant mothering ideologies. I also discuss how everyday people (i.e., partners and family members) co-construct the legal and symbolic meaning of motherhood, illustrating the centrality of trans reproduction to the policing of trans and other minoritized communities. Plain Language Summary: Policing Motherhood, Controlling Families: How Race and Class Shape Trans Women's Parenting Rights Transgender people face multiple challenges to securing and maintaining parenting rights, yet people who study trans parenthood mostly talk to trans men and white people. To further our understanding of this topic, I spoke with 54 trans women in the United States, who parent or want to be parents in the future, across race and class backgrounds. My goal was to understand the barriers to parenting rights that trans women encounter in adoption and custody disputes and how that connects to larger patterns of inequality for trans people and other marginalized groups. I find that judges and case workers use racist and anti-trans stereotypes when evaluating "parental fitness" (the legal standard used in these cases). This sets a precedent for legal discrimination and creates more opportunities for the state to intervene in marginalized people's everyday lives. Lastly, I discuss how judges, case workers, and everyday people (i.e., partners and family members) reinforce norms about what it means to be a "good mother," and why that matters in terms of people being able to build the kinds of families they want. [ABSTRACT FROM AUTHOR]

Basically, child custody is the responsibility of both parents; however, in reality, in Indonesia, not all parents do it or get it. Many children do not get protection and rights, even though the related regulations already belong to the Indonesian state. It turns out that this can happen because of various factors that influence one of them related to legal marriage according to Civil law and Islamic law, there are differences between the two regulations. For example, according to civil law, marriage is legal if it is registered with the state, while in Islam it does not have to be. Under the existing rules, this causes an inequality between protection and the rights obtained by children. Based on these problems, this research was conducted to conduct an analysis related to civil law and Islamic law in Indonesia, which regulates child guardianship for children who are considered born out of wedlock, using qualitative research methods. The results obtained from this research show that according to civil law, marriage must be registered with the state to protect child custody and provide clear legal protection, not only for children but also for wives. Meanwhile, according to Islamic law, a marriage that cannot be registered with the state still has a valid law, for example, Siri marriage or underhand marriage. However, in both civil and Islamic law, it is clear that a child in this condition can only have a bloodline relationship between the mother and the mother’s family. The biological father cannot be the guardian of the child. The current condition of society, which tends to take the matter of marriage lightly by ignoring marriage registration and so on, should receive special attention from the government. In this case, the government can more often provide premarital counselling and/or outreach related to marriage in Indonesia. Also, it is very important to increase public awareness. [ABSTRACT FROM AUTHOR]

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]

The article presents selected problems concerning custody for persons with professions of public trust. First, attention is drawn to the historical understanding of custody. In the past, custody was perceived as a manifestation of managing administration. The current way of thinking about custody results from the custody model contained in Art. 17 section 1 of the Constitution of the Republic of Poland. Exercising custody is one of the forms of coercive professional self-governing body activity. Custody is exercised by an entity endowed with administrative power, which is a component of public authorities. The purpose of custody is to protect the public interest, understood primarily as building public trust. The basic factors that build public trust are high professionalism of services, the obligation to maintain professional secrecy, and providing citizens with full information about the service provided. Activities undertaken as part of the exercise of custody serve the purpose of enhancing and protecting public trust. Custody is exercised with regard to persons performing professions of public trust. Such persons remain outside the public administration and perform professional activities on their own account and in their own name. These are private individuals that render specialized services which are important from the point of view of the basic goods of an individual, such as health, property interests or personal rights. Administrative custody is exercised to ensure that the needs of citizens are properly met. The competent professional self-government bodies should ensure the conditions for providing citizens with the best quality services in the field of health care, legal protection, property protection and wherever public safety is concerned. Exercising custody by professional self-governments makes it possible to interfere with authority in socially important activities undertaken by persons outside the structures of public administration. [ABSTRACT FROM AUTHOR]

Objective: Infants affected by prenatal alcohol and drug use are more likely to be removed from parental custody than those in the general population, although it is unclear whether their custody outcomes differ from infants investigated by child protection systems (CPS) for other reasons. This analysis seeks to compare trajectories of involvement and custody outcomes among infants investigated by CPS with and without documentation of prenatal substance exposure (PSE). Method: We used vital birth records linked to administrative CPS records to examine the timing of system involvement and 3-year custodial outcomes among investigated infants with and without identified PSE. We defined PSE according to documentation on the state's standardized hotline screening form, which CPS completes upon referral for alleged maltreatment. We estimated the likelihood a child was in nonparental custody at age 3 by specifying multivariable generalized linear models, adjusted for covariates available in the birth record. Results: In our sample of 22,855 infants investigated by CPS in 2017 in California, more than 26% had documentation of PSE. These infants experienced an accelerated timeline of system penetration and were 2.2 times as likely to be in nonparental placement at age 3. Discussion: PSE confers an independent risk of custody interruption among infants investigated by CPS. The younger age of these infants, complexity of parental substance use, and potential misalignment of administrative permanency timelines with parental recovery all suggest the need for increased research, policy, and programmatic interventions to serve this vulnerable population. Significance: Children with PSE face environmental risks in the early developmental period. Often in the United States, CPS is relied on to assess and mitigate these risks. Amid calls for a public health response to PSE, it is essential to understand how children with PSE interact with CPS. We describe the incidence and timing of custody interruptions in a large U.S. state, comparing infants with PSE to those investigated by CPS for other reasons. This study extends current understanding by demonstrating the independent risk of custody interruption conferred by PSE status. [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.)

The article analyzes the concept of Parental Alienation Syndrome (PAS) and its use in the legal system of Uruguay. Although legal science validates this concept, there is no consensus in the medical sciences regarding its scientific rigor. In Uruguay, the Faculty of Psychology of the University of the Republic, the Institute of the Child and Adolescent, and the General Prosecutor's Office have declared that PAS is not scientifically validated. The article examines national jurisprudence and shows how some cases recognize the lack of scientific basis of PAS, while in other cases it is used as evidentiary argument. [Extracted from the article]

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.)

Abstract Patients in custody due to arrest or incarceration are a vulnerable population that present a unique ethical and logistical challenge for emergency physicians (EPs). People incarcerated in the United States have a constitutional right to health care. When caring for these patients, EPs must balance their ethical obligations to the patient with security and safety concerns. They should refer to their institutional policy for guidance and their local, state, and federal laws, when applicable. Hospital legal counsel and risk management also can be helpful resources. EPs should communicate early and openly with law enforcement personnel to ensure security and emergency department staff safety is maintained while meeting the patient's medical needs. Physicians should consider the least restrictive restraints necessary to ensure security while allowing for medical evaluation and treatment. They should also protect patient privacy as much as possible within departmental constraints, promote the patient's autonomous medical decision‐making, and be mindful of ways that medical information could interact with the legal system.

The article presents selected problems concerning custody for persons with professions of public trust. First, attention is drawn to the historical understanding of custody. In the past, custody was perceived as a manifestation of managing administration. The current way of thinking about custody results from the custody model contained in Art. 17 section 1 of the Constitution of the Republic of Poland. Exercising custody is one of the forms of coercive professional self-governing body activity. Custody is exercised by an entity endowed with administrative power, which is a component of public authorities. The purpose of custody is to protect the public interest, understood primarily as building public trust. The basic factors that build public trust are high professionalism of services, the obligation to maintain professional secrecy, and providing citizens with full information about the service provided. Activities undertaken as part of the exercise of custody serve the purpose of enhancing and protecting public trust. Custody is exercised with regard to persons performing professions of public trust. Such persons remain outside the public administration and perform professional activities on their own account and in their own name. These are private individuals that render specialized services which are important from the point of view of the basic goods of an individual, such as health, property interests or personal rights. Administrative custody is exercised to ensure that the needs of citizens are properly met. The competent professional self-government bodies should ensure the conditions for providing citizens with the best quality services in the field of health care, legal protection, property protection and wherever public safety is concerned. Exercising custody by professional self-governments makes it possible to interfere with authority in socially important activities undertaken by persons outside the structures of public administration.

Prohibiting measures are measures of a procedural nature that enable the suspect or the accused to remain at liberty during the criminal proceedings, i.e. to await the trial outside the institution, and yet the judicial institutions are certain that he will not interfere with the course of the criminal proceedings.These measures significantly contribute to the quality and speed of criminal proceedings.In this paper, we deal with the analysis of the quality of the Bosnian and Herzegovinian legislation regarding prohibiting measures, and the quality of the norm has been verified through empirical research within the judicial community.The results show that there are enough reasons to review the quality of the norm and to improve it.

The modern development of social relations cannot be considered in isolation from the economic basis of human life. Taking into account the consistent formation of the institution of private property and the property sphere, new rules for the relationship between the state and the individual are being formed. On this background, issues related to the implementation of the repressive function of the state are of great importance. The process of investigating criminal activity often affects the property interests of the participants in the criminal process. At the same time, the rules of this type of state activity enshrined in the legislation do not always take into account the changed format of economic relations between individuals and legal entities. The article deals with the problem of the lack of adaptation of the criminal procedural legislation to the actual relations in the area of public life. Questions of interaction between criminal procedure and civil legislation are described here. There is a lack of an integrated approach to regulating the issues of protecting the property interests of the suspect, the accused in the application of measures of procedural coercion. Despite the general approach in this area of relations formulated in the Constitution of the Russian Federation, which is favorable for the suspect and for the accused, there are multiple contradictions at the level of intersectoral regulation. The paper states the need for a comprehensive regulation of the features of the application of coercive measures of a property nature to the specified participants in the criminal process. Judicial practice contributes to this process. The decisions of the Constitutional Court of the Russian Federation studied in the article forces the legislator to new reforms of the Code of Criminal Procedure of the Russian Federation. Some of the programmatic political statements of the country's top leadership noted in the work contributes this process. The analysis of the scientific problem under study is carried out taking into account the existing norms of international law, as well as on the basis of the formed historical experience of the domestic procedure for regulating the rules of investigation and trial in criminal cases. The study focuses on the application of such measures of property impact on a person as bail, custody, seizure of property and others. The conclusions are made taking into account statistical indicators and the results of a survey of practical employees of the investigative departments of various departments and the lawyer corps.

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.

Children exposed to domestic violence account for as many as a third of all children in the United States. Many of these children will seek mental health treatment for symptoms of trauma. The clinicians who provide their treatment are often called as witnesses in family law proceedings, especially child protection and custody cases. Clinicians are often anxious when they receive subpoenas to testify and prefer to avoid testimony. Training about court proceedings, subpoenas and how to prepare for testimony would be beneficial for clinicians and will help clinicians be more confident in the courtroom. Additionally, becoming designated as expert witnesses can only help mental health clinicians provide a greater understanding of the issues encountered by children experiencing domestic violence, and these clinicians can provide recommendations that will take into account child safety without exacerbating trauma symptoms. [ABSTRACT FROM AUTHOR]