Search results for: child custody
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 1494

Search results for: child custody

1494 Joint Physical Custody after Divorce and Child Well-Being

Authors: Katarzyna Kamińska

Abstract:

Joint physical custody means that both parents after divorce or separation have the right and responsibility to take care of the child on the daily basis. In a joint physical custody arrangement, the child spends substantial, but not necessarily equal, time with both parents. Joint physical custody can be symmetric care arrangement or not. However, it is accepted in the jurisprudence that the best interests of the child is served when the child spends at least 35% of the time during a two-week period with each parent. Joint physical custody, also known as joint, dual, or shared residence, is a challenge in contemporary family law. It has its supporters and opponents. On the one hand, joint physical custody is beneficial because it provides children with frequent and continuous contact with a mother and father after their divorce or separation. On the other hand, it isn’t good for children to be shuttled back and forth between two residences. Children need a home base. The conclusion is therefore that joint physical custody can’t be seen as a panacea for all post-divorce or post-separation parenting cases and the court shouldn’t automatically make such a determination. The possibility to award this arrangement requires the court to carefully weigh the pros and cons of each individual case. It is difficult to say that joint physical custody is better than single physical custody in any case. It depends on the circumstances and needs of each family. It appears that an individual approach is going to be much better as opposed to a one-size-fits-all idea.

Keywords: joint physical custody, shared residence, dual residence, the best interests of the child

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1493 Joint Physical Custody: Lessons from the European Union

Authors: Katarzyna Kamińska

Abstract:

When thinking about custodial arrangements after divorce or separation, there has been a shift from sole custody, particularly maternal preference, to joint physical custody. In many Western countries, an increasing of children with separated parents have joint physical custody, which is believed to be in the best interests of the child, as children can maintain personal relations and direct contact with both parents on a regular basis. The aim of the article is to examine joint physical custody, both from the perspective of the binding legal instruments that are relevant to joint physical custody, the Principles of European Family Law drafted by the CEFL, as well as the international research on this matter. The thesis underlying this paper is that joint physical custody is in itself neither good nor bad, and it depends on how the arrangements are managed by the parents. The paper includes a reflection on joint physical custody in the face of the COVID-19 crisis. The results indicate that in normal circumstances, joint physical custody demands broad communication, and now it times of crisis, we need over-communication about children and plans. Only a very tight and coordinated co-parenting plan make the whole family safer.

Keywords: joint physical custody, co-parenting, child welfare, COVID-19

Procedia PDF Downloads 200
1492 The Standard of Best Interest of the Child in Custody Adjudication under the Malaysian Laws

Authors: Roslina Che Soh

Abstract:

Best interest of the child has been the prevailing principle of the custody legislations of most nations in the world. The tremendous shift from parental rights to parental responsibilities throughout the centuries had made the principle of best interests of the child as the utmost matter which parents must uphold in child upbringing. Despite the commitment to this principle is significantly enshrined in the United Nation Convention on Rights of the Child, the content and application of the principle differs across borders. Differences persist notwithstanding many countries have experienced a substantial shift over the last several decades in the types of custodial arrangements that are thought to best serve children’s interests. The laws in Malaysia similarly uphold this principle but do not provide further deliberation on the principle itself. The principle is entirely developed by the courts through decided cases. Thus, this paper seeks to discuss the extent of the application of best interest of the child principle in custody disputes. In doing so, it attempts to provide an overview of the current laws and the approach of the Civil and the Shariah courts in Malaysia in applying the principle in determining custody disputes. For purposes of comparison, it briefly examines the legislations and the courts practices in Australia and England on this matter. The purpose is to determine the best standard to be adopted by Malaysia and to propose improvement to the laws whenever appropriate.

Keywords: child custody, best interest, Malaysian law, bioinformatics, biomedicine

Procedia PDF Downloads 240
1491 Inter-Country Parental Child Removal and Subsequent Custody Disputes in India: Need for Legislative Reforms

Authors: Pritam Kumar Ghosh

Abstract:

The phenomenon of inter-country parental child removal and the protection of children against removal from lawful custody by their own parents has been a major issue over the last five decades. This occurs when parents take away their children during pending divorce and custody proceedings or in violation of pre-existing foreign or Indian custody orders through which they may have obtained visitation rights only after divorce but not permanent custody. Even though considerable efforts have been made by the Indian judiciary to resolve the issue, a lot is still left to be desired. A study of the spate of judicial decisions on the issue since 1970 reveals that judges have attempted to resolve the issue mainly through the application of the existing personal law regime and the principle of the best interest of the child. This has made the position of law extremely confusing. The existing precedential jurisprudence contains a wide variety of custody orders in the name of enforcement of the paramount consideration of the best interest and welfare of children. The problem is aggravated by the fact that India has decided not to accede to the Hague Abduction Convention of 1980, which is the main international instrument combating the issue. In this context, the paper discusses the reasons behind the rising instances of inter-country parental child removals. It then goes on to analyze the existing jurisprudence of international child custody disputes in India, which have come before courts post-removal of children from lawful custody. The paper concludes by suggesting essential reforms in the existing Indian legal framework governing the issue. In the process, the paper proposes new legislation for India governing inter-country parental child removals and subsequent custody disputes. The possible structure and content of this new law shall also be outlined as a part of the paper.

Keywords: custody, dispute, child removal, Hague convention

Procedia PDF Downloads 43
1490 Qualitative Analysis of Current Child Custody Evaluation Practices

Authors: Carolyn J. Ortega, Stephen E. Berger

Abstract:

The role of the custody evaluator is perhaps one of the most controversial and risky endeavors in clinical practice. Complaints filed with licensing boards regarding a child-custody evaluation constitute the second most common reason for such an event. Although the evaluator is expected to answer for the family-law court what is in the “best interest of the child,” there is a lack of clarity on how to establish this in any empirically validated manner. Hence, practitioners must contend with a nebulous framework in formulating their methodological procedures that inherently places them at risk in an already litigious context. This study sought to qualitatively investigate patterns of practice among doctoral practitioners conducting child custody evaluations in the area of Southern California. Ten psychologists were interviewed who devoted between 25 and 100% of their California private practice to custody work. All held Ph.D. degrees with a range of eight to 36 years of experience in custody work. Semi-structured interviews were used to investigate assessment practices, ensure adherence to guidelines, risk management, and qualities of evaluators. Forty-three Specific Themes were identified using Interpretive Phenomenological Analysis (IPA). Seven Higher Order Themes clustered on salient factors such as use of Ethics, Law, Guidelines; Parent Variables; Child Variables; Psychologist Variables; Testing; Literature; and Trends. Evaluators were aware of the ever-present reality of a licensure complaint and thus presented idiosyncratic descriptions of risk management considerations. Ambiguity about quantifying and validly tapping parenting abilities was also reviewed. Findings from this study suggested a high reliance on unstructured and observational methods in child custody practices.

Keywords: forensic psychology, psychological testing, assessment methodology, child custody

Procedia PDF Downloads 251
1489 The Problem of Legal Regulation of Joint Physical Custody: The Polish Perspective

Authors: Katarzyna Kamińska

Abstract:

The main purpose of the work is to present the results of the studies regarding joint physical custody in the Polish legal system. The issues addressed fit into the ongoing process of modernising family law regulations and their adaptation to changing social reality in Poland. The Polish legislator now faces a dilemma: whether to introduce into Polish law a developed substantive or procedural regulation of joint physical custody and then whether it should be considered a legal presumption. Joint physical custody after divorce or separation is theoretically possible in Poland. It can either follow from the court’s independent proposal based on the assessment of the circumstances or from the parenting plan submitted by parents wishing to jointly retain full parental authority. However, joint physical custody does not result directly from the Polish Family and Guardianship Code. Therefore, there is real legal uncertainty in this matter, which leads to different treatment of citizens by the public authorities and courts. Another problem is that joint physical custody is misunderstood by the Polish courts. The main thesis of the work is that joint physical custody does not only mean the system of symmetrical child care (50/50), and the possibility to award joint physical custody will require the courts to carefully weigh the pros and cons of such an arrangement in each individual case.

Keywords: joint physical custody, shared parenting, divorce, separation, parental authority

Procedia PDF Downloads 39
1488 The Hague Abduction Convention and the Egyptian Position: Strategizing for a Law Reform

Authors: Abdalla Ahmed Abdrabou Emam Eldeib

Abstract:

For more than a century, the Hague Conference has tackled issues in the most challenging areas of private international law, including family law. Its actions in the realm of international child abduction have been remarkable in two ways during the last two decades. First, on October 25, 1980, the Hague Convention on the Civil Aspects of International Child Abduction (the Convention) was promulgated as an unusually inventive and powerful tool. Second, the Convention is rapidly becoming more prominent in the development of international child law. By that time, overseas travel had grown more convenient, and more couples were marrying or travelling across national lines. At the same time, parental separation and divorce have increased, leading to an increase in international child custody battles. The convention they drafted avoids legal quagmires and addresses extra-legal issues well. It literally restores the kid to its place of usual residence by establishing that the youngster was unlawfully abducted from that position or, alternatively, was wrongfully kept abroad after an allowed visit. Legal custody of a child of a contested parent is usually followed by the child's abduction or unlawful relocation to another country by the non-custodial parent or other persons. If a child's custodial parent lives outside of Egypt, the youngster may be kidnapped and brought to Egypt. It's natural to ask what laws should apply and what legal norms should be followed while hearing individual instances. This study comprehensively evaluates and estimates the relevant Hague Child Abduction Convention and the current situation in Egypt and which law is applicable for child custody. In addition, this research emphasis, detail, and focus on the position of Cross-border parental child abductions in Egypt. Moreover, examine the Islamic law compared to the Hague Convention on Child Custody in detail, as well as mentioning the treatment of Islamic countries in this matter in general and Egypt's treatment of this matter in particular, as well as the criticism directed at Egypt regarding the application and implementation of child custody issues. The present research backs up this method by using non-doctrinal techniques, including surveys, interviews, and dialogues. An important objective of this research is to examine the factors that contribute to parental child abduction. In this case, family court attorneys and other interested parties serve as the target audience from whom data is collected. A survey questionnaire was developed and sent to the target population in order to collect data for future empirical testing to validate the identified critical factors on Parental Child Abduction. The main finding in this study is breaking the reservations of many Muslim countries to join the Hague Convention with regard to child custody., Likewise, clarify the problems of implementation in practice in cases of kidnapping a child from one of the parents and traveling with him outside the borders of the country. Finally, this study is to provide suggestions for reforming the current Egyptian Family Law to make it an effective and efficient for all dispute's resolution mechanism and the possibility of joining The Hague Convention.

Keywords: egyptian family law, Hague child abduction convention, child custody, cross-border parental child abductions in egypt

Procedia PDF Downloads 38
1487 Protective Custody in Child Protection: Reflection of Residential Care Workers in the Philippines

Authors: Hazel S. Cometa-Lamberte

Abstract:

This paper presents the residential care workers reflections in working with children who were under protective custody and placed in a residential care facility for children. Key informant interviews and focus group discussion were employed in this study to analyze the views of residential care workers on the programs and services and case management system in residential care for children. Results suggest that working in a residential care facility for children needs the interplay of both the worker’s personal and professional values, knowledge and skills in working with children. Analyzing the residential care workers experiences in handling children in residential care facilities is vital for the improvement of the policies, programs and services, the repertoire of techniques and facilitate the creation of a new social work practice framework/model in child protection specifically in residential care facilities.

Keywords: child protection, residential care, residential care workers, social workers

Procedia PDF Downloads 136
1486 Psychological and Ethical Factors in African American Custody Litigation

Authors: Brian Carey Sims

Abstract:

The current study examines psychological factors relevant to child custody litigation among African American fathers. Thirty-seven fathers engaged in various stages of custody litigation involving their children were surveyed about their perceptions of racial stereotypes, parental motivations, and racialized dynamics of the court/ legal process. Data were analyzed using a Critical Race Theory model designed to statistically isolate fathers’ perceptions of the existence and maintenance of structural racism through the legal process. Results indicate significant correlations between fathers’ psychological measures and structural outcomes of their cases. Findings are discussed in terms of ethical implications for family court judicial systems and attorney practice.

Keywords: ethics, family, legal psychology, policy, race

Procedia PDF Downloads 317
1485 Muslim Social Workers and Imams’ Recommendations in Marital and Child Custody Cases of Persons with Intellectual or Mental Disability

Authors: Badran Leena, Rimmerman Arie

Abstract:

Arab society in Israel is undergoing modernization and secularization. However, its approach to disability and mental illness is still dominated by religious and traditional stereotypes, as well as folk remedies and community practices. The present study examines differences in Muslim social workers' and Imams' recommendations in marriage/divorce and child custody cases of persons with intellectual disabilities (ID) or mental illness. The study has two goals: (1) To examine differences in recommendations between Imams and Muslim social workers; (2) To explore variables related to their differential recommendations as observed in their responses to vignettes—a quantitative study using vignettes resembling existing Muslim religious (Sharia) court cases. Muslim social workers (138) and Imams (48) completed a background questionnaire, a religiosity questionnaire, and a questionnaire that included 25 vignettes constructed by the researcher based on court rulings adapted for the study. Muslim social workers tended to consider the religious recommendation when the family of a person with ID or mental illness was portrayed in the vignette as religious. The same applied to Imams, albeit to a greater extent. The findings call for raising awareness among social workers and academics regarding the importance of religion and tradition in formulating professional recommendations.

Keywords: child custody, intellectual and developmental disability, marriage/divorce, mental illness, sharia court, social workers

Procedia PDF Downloads 158
1484 The Shape of the Sculptor: Exploring Psychologist’s Perceptions of a Model of Parenting Ability to Guide Intervention in Child Custody Evaluations in South Africa

Authors: Anthony R. Townsend, Robyn L. Fasser

Abstract:

This research project provides an interpretative phenomenological analysis of a proposed conceptual model of parenting ability that has been designed to offer recommendations to guide intervention in child custody evaluations in South Africa. A recent review of the literature on child custody evaluations reveals that while there have been significant and valuable shifts in the capacity of the legal system aided by mental health professionals in understanding children and family dynamics, there remains a conceptual gap regarding the nature of parenting ability. With a view to addressing this paucity of a theoretical basis for considering parenting ability, this research project reviews a dimensional model for the assessment of parenting ability by conceiving parenting ability as a combination of good parenting and parental fitness. This model serves as a conceptual framework to guide child-custody evaluation and refine intervention in such cases to better meet the best interests of the child in a manner that bridges the professional gap between parties, legal entities, and mental health professionals. Using a model of good parenting as a point of theoretical departure, this model incorporates both intra-psychic and interpersonal attributes and behaviours of parents to form an impression of parenting ability and identify areas for potential enhancement. This research, therefore, hopes to achieve the following: (1) to provide nuanced descriptions of parents’ parenting ability; (2) to describe parents’ parenting potential; (3) to provide a parenting assessment tool for investigators in forensic family matters that will enable more useful recommendations and interventions; (4) to develop a language of consensus for investigators, attorneys, judges and parents, in forensic family matters, as to what comprises parenting ability and how this can be assessed; and (5) that all of the aforementioned will serve to advance the best interests of the children involved in such litigious matters. The evaluative promise and post-assessment prospects of this model are illustrated through three interlinking data sets: (1) the results of interviews with South African psychologists about the model, (2) retrospective analysis of care and contact evaluation reports using the model to determine if different conclusions or more specific recommendations are generated with its use and (3) the results of an interview with a psychologist who piloted this model by using it in care and contact evaluation.

Keywords: alienation, attachment, best interests of the child, care and contact evaluation, children’s act (38 of 2005), child custody evaluation, civil forensics, gatekeeping, good parenting, good-enough parenting, health professions council of South Africa, family law, forensic mental healthcare practitioners, parental fitness, parenting ability, parent management training, parenting plan, problem-determined system, psychotherapy, support of other child-parent relationship, voice of the child

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1483 Fathers’ Rights to Contact and Care: Moving Beyond the Adversarial Approach

Authors: Wesahl Domingo, Prinslean Mahery

Abstract:

Our paper focuses on the rights’ to contact and care of fathers in the heterosexual context, despite the reality of same sex parenting in South Africa. We argue that despite the new South African Children’s Act framework creating a shift from the idea of parental power over a child to the notion that parents have parental responsibilities and rights in respect of a child. This shift has however not fundamentally changed the constant battle that parents and other interested parties have over children. In most cases it is fathers who must battle to either maintain contact with their child/ren or fight to have care (which includes custody) of their child/ren. This is the case whether or not the father was married to the mother of the child in question. In part one of the paper, we deal with the historical development of rights to care and contact and describe the current system in the context of case law and legislation in South Africa. Part two provides a critical analysis of a few anthologies of “what fathers are complaining about.” In conclusion, in part three, we outline the way forward –“moving beyond the adversarial approach” through the “care of ethics approach.” So what is the care perspective? The care perspective is a relational ethic which views the primary moral concern as of creating and sustaining responsive connection to others. We apply the care of ethics approach to parenting plans and family law mediation in the context of fathers’ rights to care and contact. We argue by avoiding the adversarial system and engaging in a problem solving process focused on finding solutions for the future, divorcing parents can turn their attention to their children rather than battling each other.

Keywords: fathers' right to care, contact, custody, family law

Procedia PDF Downloads 448
1482 The Psychologist's Role in a Social Assistance Reference Center: A Case of Violence and Child Sexual Abuse in Northeastern Brazil

Authors: G. Melo, J. Felix, S. Maciel, C. Fernandes, W. Rodrigues

Abstract:

In Brazilian public policy, the Centres of Reference for Social Assistance (CRAS in Portuguese) are part of the Unified Social Assistance System (SUAS in Portuguese). SUAS is responsible for addressing spontaneous or currently active cases that are brought forth from other services in the social assistance network. The following case was reviewed by CRAS’s team in Recife, Brazil, after a complaint of child abuse was filed against the mother of a 7-year-old girl by the girl’s aunt. The girl is the daughter of an incestuous relationship between her mother and her older brother. The complaint was registered by service staff and five interventions were subsequently carried out on behalf of the child. These interventions provided a secure place for dialogue with both the child and her family and allowed for an investigation of the abuse to proceed. They took place in the child’s school as well as her aunt’s residence. At school, the child (with her classmates) watched a video and listened to a song about the prevention of child abuse. This was followed up with a second intervention to determine any signs of Post-Traumatic Stress Disorder (PTSD), by having the child play with the mobile app ‘My Angela’. Books on the themes of family and fear were also read to the child on different occasions at her school – after every intervention she was asked to draw something related to fear and her concept of a family. After the interventions and discussing the case as a team, we reached several conclusions: 1) The child did not appear to show any symptoms of PTSD; 2) She normally fantasized about her future and life story; 3) She did not allow herself to be touched by strangers with whom she lacks a close relationship (such as classmates or her teacher); 4) Through her drawings, she reproduced the conversations she had had with the staff; 5) She habitually covered her drawings when asked questions about the abuse. In this particular clinical case, we want to highlight that the role of the Psychologist’s intervention at CRAS is to attempt to resolve the issue promptly (and not to develop a prolonged clinical study based on traditional methods), by making use of the available tools from the social assistance network, and by making referrals to the relevant authorities, such as the Public Ministry, so that final protective actions can be taken and enforced. In this case, the Guardian Council of the Brazilian Public Ministry was asked to transfer the custody of the child to her uncle. The mother of the child was sent to a CAPS (Centre for Psychosocial Care), having been diagnosed with psychopathology. The child would then participate in NGO programs that allow for a gradual reduction of social exposure to her mother before being transferred to her uncle’s custody in Sao Paulo.

Keywords: child abuse, intervention, social psychology, violence

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1481 Criminal Protection Objectivity of the Child's Right to Life and Physical and Psychological Safety

Authors: Hezha Hewa, Taher Sur

Abstract:

Nowadays, child affairs is a matter of both national and international interests. This issue is regarded a vital topic for various scientific fields across ages, and for all the communities without exception. However, the nature of child caring may vary due to the verities in science perspectives. So, considering child's affairs from different perspectives is helpful to have a complementary image about this matter. The purpose behind selecting this topic is to keep a balance between the victim on the one hand, and the guardian and the offender on the other hand, (i.e.) to avoid any kind of excessiveness either in the protection of the child and its rights not in the punishment of the offender. This is achieved through considering various legal materials in the Iraqi legislation and in the comparative legislations that are concerned with the child's issue and the extent to which the child makes use of these rights. The scope of this study involves the crimes that are considered as aggressions against the child's right to life, and the crimes that are dangerous to their physical and psychological safety. So, this study comprehensively considers the intentional murder of child, child murder to avoid disgrace, child kidnapping, child abandonment, physical abuse for the sake of punishment or not, child circumcision, verbal violence, and abstaining from leaving a child with a person who has the right of custody. This study ends with the most significant concluding points that have been derived throughout this study, which are: Unlike the Iraqi legislation, the Egyptian legislation defines the child in the Article 2 of the Child Law No. 12 of 1996 amended by the Law No. 126 of 2008 that the child is a person who does not exceed 18 years of age. Some legislation does not provide special criminal protection for child intentional murder, as in the Iraqi and the Egyptian legislation. However, some others have provided special criminal protection for a child, as in French and Syrian legislations. Child kidnapping is regarded as one of the most dangerous crimes that affects the child and the family as well, as it may expose the child's life to danger or to death. The most significant recommendations from the researcher are: The Iraqi legislation is recommended to take the necessary measures to establish a particular legislation for the child by including all the legal provisions that are associated with this weak creature, and make use of the Egyptian legislator’s experience as a pioneer in this respect. Both the Iraqi legislation and the Egyptian legislation are recommended to enact special laws to protect a child from the crimes of intentional murder, as the crime of child murder is currently subjected to the same provisions consider for adult murder.

Keywords: child, criminal, penal, law, safety

Procedia PDF Downloads 228
1480 The Impact of Customary Law on Children's Rights in Botswana

Authors: Nqobizwe Mvelo Ngema

Abstract:

Botswana has a dual legal system, one based on customary law and the other on the received law. This appears clearly from the Constitution that ring-fenced customary law from any constitutional scrutiny. A customary practice may continue even if it discriminates against women and children. As a result of this, numerous human rights of children are infringed. Firstly, if parents are married under customary law and separated, the custody is granted to the father and the mother merely having the right to visit. Secondly, female children are not entitled to inherit property. Thirdly, there is no age for marriage under customary law and even a child at the age of 10 years can get married. Lastly, marital power of a husband still continues under customary law and therefore females are still treated as perpetual minors. The latter infringement of rights is not in the best interests of children and conflicts with Botswana’s international obligations. Botswana is a signatory of various international and regional human rights instruments and it is suggested that it has to accelerate the incorporation of human rights instruments into domestic law in order to safeguard the best interest of children.

Keywords: custody, marital power, children's best interest, customary law

Procedia PDF Downloads 341
1479 Divorce Advice and Parents' Council Support Groups: Help for Divorced Parents to Create Co-Parenting after Divorce

Authors: Paivi Hietanen

Abstract:

At family with children, divorce is a risk for a child to lose the relationship to the parent with whom the child doesn't live. A child has the right to the get care from both parents after the divorce. Even though your ex-spouse isn’t longer your companion, to the child he or she is still unique as a parent and parents must cooperate and support their child in the new family situation. To divorcee, it's necessary to understand the difference between the intimate relationship that ends and parenthood that continues. Cooperative parenting takes a lot of effort and flexibility for the parents to make joint custody work well. It is vital that parents get help to understand the situation from child points of view. When parent is facing divorce, and all the emotions that it brings along, can the child easily be forgotten. To help children, we must help parents to understand, that a relationship can end, parenthood cannot. As professionals, we should help the parents to see the significance and value of both parents to the child and try to support and protect parenthood-relationship between parents. The Federation of Mother and Child Homes and Shelters have developed group models to work with parents during or after divorce. These support groups are led by professionals, but peer support is also used. These support groups have been held over 10 years and there are found from 20 different cities in Finland. Eroneuvo event (divorce advice) service is intended for parents who are considering or have already divorced. The Vanhemman neuvo (parents' council) is a peer support group that helps parents with post-divorce parenting issues. From these groups, parents receive information and peer support for matters related to divorcing and how to support the child and do co-parenting. At the groups and in given information for divorced parents, is used a method called the 'Irreversible triangle'. It's a way to picture the intimate relationship and parenthood after the divorce and what is the difference between these two things. 'Irreversible triangle' is used to help parents and professionals to understand, what happens if a child loses the relationship to the other parent or if parents co-parenting doesn't work well. From the largely collected feedback, group members tell that they feel themselves relieved after taking part of the group. Parents also experience that talking with other parents helps to survive. Group members learn to co-operate with the other parent, and they'll also learn to see the best interest of the child after the divorce. Parents would highly recommend these groups to other parents.

Keywords: child's right, co-parenting, parenthood after the divorce, peer support

Procedia PDF Downloads 138
1478 Child Marriage and the Law in Nigeria

Authors: Kolawole-Amao, Grace Titilayo

Abstract:

Children are the most vulnerable members of the society. The child is a foundation of the society and he/she assures its continuity. Thus, the survival, continuity and the standard of development of human society depends upon the protection, preservation, nurture and development of the child. In other words, the rights of a child must be protected and guaranteed for the assurance of a healthy society. The law is an instrument of social change in any society as well as a potent weapon to combat crime, achieve justice for the people and protect their rights. In Nigeria, child marriage still occurs, though its prevalence varies from one region to another. This paper shall Centre on child rights under the law in Nigeria, child marriage and its impact on the child, obstacles in eliminating child marriages and measures that have been adopted as well as the role of the law and its effect in deterring child marriage in Nigeria.

Keywords: child rights, child marriage, law, Nigeria

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1477 Role of Family for Grooming a Child: A Protective Step for Vulnerable Child

Authors: Arpita Sabat, Kanaklata Samal

Abstract:

A child is the most innocent being on the earth. It is born innocent but the family, the community, the institution and the world at large always butcher its innocence. This paper aims at the role of family for the development of a child in different ethnic or social groups. Family, in fact, is the nucleus in the growth and development of the child. A child grows up with the idea that a family is the world around him. The child tries to emulate consciously or unconsciously from the surrounding. This imitation has serious impact on the development of the child. It even sometimes cripples or stunts the growth of a mind. It results in the disability of the child. All policies about education or changing of curriculum can not bring about a change in the plight of a child’s life unless there is a serious thinking about the role of a family and the contribution of a family to the development of a child.

Keywords: vulnerable child, grooming, surrounding, role of family

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1476 Girl Child Education: A Veritable Tool to Gender Equality and Empowerment

Authors: Egena Obaje Innocent

Abstract:

In Africa generally and Nigeria in particular one the major setbacks for the girl-child is her deprivation or denial if you like to equal opportunity to education. In most Nigerian communities which are male dominated parents make no pretense of their preference of the male children when it come to the choice of who to send to school between the male and female child. Indeed, certain inhibiting cultural and religious practices are the root cause of this annually. It is against this background that this paper looked at the phenomenon the girl-child education, causes of the negligent its effects on the girl child and nation remedies and conclusion.

Keywords: education, empowerment, girl child, gender equality

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1475 Motherhood Constrained: The Minotaur Legend Reimagined Through the Perspective of Marginalized Mothers

Authors: Gevorgianiene Violeta, Sumskiene Egle

Abstract:

Background. Child removal is a profound and life-altering measure that significantly impacts both children and their mothers. Unfortunately, mothers with intellectual disabilities are disproportionately affected by the removal of their children. This action is often taken due to concerns about the mother's perceived inability to care for the child, instances of abuse and neglect, or struggles with addiction. In many cases, the failure to meet society's standards of a "good mother" is seen as a deviation from conventional norms of femininity and motherhood. From an institutional perspective, separating a child from their mother is sometimes viewed as a step toward restoring justice or doing what is considered "right." In another light, this act of child removal can be seen as the removal of a mother from her child, an attempt to shield society from the complexities and fears associated with motherhood for women with disabilities. This separation can be likened to the Greek legend of the Minotaur, a fearsome beast confined within an impenetrable labyrinth. By reimagining this legend, we can see the social fears surrounding 'mothering with intellectual disability' as deeply sealed within an unreachable place. The Aim of this Presentation. Our goal with this presentation is to draw from our research and the metaphors found in the Greek legend to delve into the profound challenges faced by mothers with intellectual disabilities in raising their children. These challenges often become entangled within an insurmountable labyrinth, including navigating complex institutional bureaucracies, enduring persistent doubts cast upon their maternal competencies, battling unfavorable societal narratives, and struggling to retain custody of their children. Coupled with limited social support networks, these challenges frequently lead to situations resulting in maternal failure and, ultimately, child removal. On a broader scale, this separation of a child from their mother symbolizes society’s collective avoidance of confronting the issue of 'mothering with disability,' which can only be effectively addressed through united efforts. Conclusion. Just as in the labyrinth of the Minotaur legend, the struggles faced by mothers with disabilities in their pursuit of retaining their children reveal the need for a metaphorical 'string of Ariadne.' This string symbolizes the support offered by social service providers, communities, and the loved ones these women often dream of but rarely encounter in their lives.

Keywords: motherhood, disability, child removal, support.

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1474 Cases of Violence against Women: Towards a Proposed Plan of Action

Authors: Murphy P. Mohammed, Rita E. Pulmano

Abstract:

This study determined the cases of violence against women in selected barangays of Tarlac City. In this research, the following questions were answered: what is the description of the cases on violence against women?; what are the causes of violence against women?; what support/assistance is provided by the LGUs?; and what plan of action can be proposed to improve the VAW services of the barangays? The methodologies used in the present study are qualitative and descriptive researches. The researchers used documentary analysis and interview to gather data. The subjects of the study are violence against women survivors from the selected ten (10) populous barangays of Tarlac City. Physical abuse, mental abuse, threatening, abandonment of children, child support issues, child custody, psychological abuse, economic abuse, and rape are the other recorded cases among the evaluated barangays. Based on the information, the researchers found out that a VAW desk was established in every respondent barangay. This in compliance with Section 12 D, Rule IV of the Rules and Regulations Implementing the Magna Carta of Women, which provides for the establishment of a VAW desk in every barangay to ensure that violence against women cases are fully addressed in a gender-responsive manner.

Keywords: Barangay VAW desk, cases of violence against women, violence against women, women's studies

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1473 Through Hope and Struggle: The Meaning of the Gaisce Award for Youth in Irish Prisons

Authors: Silvia Gagliardi, Orlaith Rice

Abstract:

This article provides a qualitative evaluation of 'Gaisce - The President's Award' for youth in Irish prisons. Building on previous research on Gaisce, this article makes space for marginalized voices to provide their own feedback on the program they participate in while in custody. Both strengths and limitations in undertaking a positive youth development program in prison are identified and examined. More research with vulnerable and marginalized participants, such as youth in prison, is recommended as a way to further improve youth development programs and thus enhance the opportunities for self-development and psychological wellbeing for youth, including in custodial settings.

Keywords: Gaisce, president's award, youth development program, youth in custody, hope, psychological wellbeing, Ireland, qualitative research, covid-19

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1472 Root Causes of Child Labour in Hargeisa, Somaliland

Authors: Abdikarim Yusuf

Abstract:

This study uses data from Somalia to analyse child labour using a descriptive and qualitative method. The study set out to identify root causes of child labour in Hargeisa and its implications for children. The study shows that poverty, droughts, family separation, and loss of properties are primary drivers of child labour in Hargeisa. The study found that children work in very difficult jobs such as car wash, casual work, and shoe shining for boys while girls work as housemaids, selling tea, Khat and sometimes are at risk of exploitation such as sexual abuse, rape and harassment. The majority of the parents responded that they don’t know any policy, act or law that protects children. Men showed greater awareness than the women respondents in recognizing child labour as a child rights violation.

Keywords: abuse, child, violence, protection

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1471 Cooperation and Conflict in Child Rearing Practices among Parents in Indian Context

Authors: Jilly John

Abstract:

The paper reports one of the study conducted to explore the dimensions of child rearing practice and effects of power difference among parents on child rearing practices adopted in the families. The first objective investigated dimensions of child rearing practices (a) overprotection (b) disciplinarian, (c) esteem building, (d) normal, (e) harsh (f) ridicule, and (g) rejection. The second objective investigated difference among father and mother on child rearing practices. The results of the study revealed that dimensions of child rearing practices are crucial variables which resulted in form of major deviations in distribution of parents in the seven dimensions. Analysis of objective two revealed that harsh and ridicule dimensions of child rearing practices are significantly different among father and mother. The dimensions are also different when the parents are employed and according to the type of families. Thus the results of the study present the possibility of changed child rearing practices among Indian families in relation to prevalent sociodemographic changes and indicate the necessity to re-examine culture-based explanations on child rearing practices.

Keywords: child rearing practices, dimensions of child rearing, difference among parents, Indian families

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1470 Stop Forced Child Marriage: A Comparative Global Law Analysis

Authors: Michelle J. Miller

Abstract:

Millions of girls are forcibly married during the transitional period between puberty and adulthood. At a stage of vulnerability; cultural practices, religious rights, and social standards place girls in a position where they are catapult into womanhood. An advocate against forced child marriage could argue that child rights, cultural rights, religious rights, right to marry, right to life, right to health, right to education, right to be free from slavery, right to be free from torture, right to consent to marriage are all violated by the practice of child marriage. This paper will present how some of these rights are violated and how they establish the need for change.

Keywords: child marriage, forced child marriage, children's rights, religious rights, cultural rights

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1469 Modeling Child Development Factors for the Early Introduction of ICTs in Schools

Authors: K. E. Oyetade, S. D. Eyono Obono

Abstract:

One of the fundamental characteristics of Information and Communication Technology (ICT) has been the ever-changing nature of continuous release and models of ICTs with its impact on the academic, social, and psychological benefits of its introduction in schools. However, there seems to be a growing concern about its negative impact on students when introduced early in schools for teaching and learning. This study aims to design a model of child development factors affecting the early introduction of ICTs in schools in an attempt to improve the understanding of child development and introduction of ICTs in schools. The proposed model is based on a sound theoretical framework. It was designed following a literature review of child development theories and child development factors. The child development theoretical framework that fitted to the best of all child development factors was then chosen as the basis for the proposed model. This study hence found that the Jean Piaget cognitive developmental theory is the most adequate theoretical frameworks for modeling child development factors for ICT introduction in schools.

Keywords: child development factors, child development theories, ICTs, theory

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1468 A Case Study on Improving Language Skills of Preschoolers by Parent-Child Reading

Authors: Hoi Yan Lau

Abstract:

In Hong Kong, most families have working parents, and the primary caregivers of young children are helpers. This leads to a lack of interaction and language expression in children’s home environment, which affects their language development. This study aims to explore the effectiveness of parent-child reading in improving young children’s language skills. A 4-year-old girl and her mother are recruited to a 3 months’ parent-child reading program. There is a total of 26 reading sessions which target to enhance the parent’s skill of parent-child reading and to assess the child’s language ability. At the same time, the child’s use of language in normal classroom settings is analyzed by anecdotal records. It is shown that the parent is able to use more and better guiding questions during parent-child reading after this program, which in turn leads to more and longer response of the child during the reading sessions. The child also has an increase in Mean Length of Utterance and has a higher frequency of using complete sentences when interacting with other classmates in the classroom. It is worthwhile to further investigate the inclusion of promoting parent-child reading to enhance children’s language development in preschool curriculum planning.

Keywords: Hong Kong, language skills, parent-child reading, preschoolers

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1467 Child Mental Abuse: An Unseen Scar

Authors: Ian C. Padgett

Abstract:

Future of society is built on the foundations built by the parents of today and how they raise their children. Strong foundations are made by accepting environments, good morals, and sound educations. Child abuse is a harm that immediately corrupts a child and everything that could do for society. Every child is a segment of modern society and future society, every child corrupted is a segment of society corrupted. Physical abuse is a clear abuse that leaves bruises and can traumatize a child for life, it can leave scars but effect a child’s mind for life. Another form of abuse, however, still impacts a child for life but with no scars to be seen. Child mental abuse directly targets children’s minds to control, manipulate, and belittle them. It becomes close to impossible to escape as there is no clear law defining mental abuse, the parent manipulates the child to stay quiet, and finally the child must come to terms that there parent is harming them. Society does not react to mental and physical abuse in the same manner. In a society that works to protect it future and it children, mental abuse is given a strange lack of attention. In order to protect children, all forms of abuse must be treated and given attention to. Mental abuse comes in many forms and can be extremely hard to spot, unlike physical abuse, but can still lead to the trauma other abuse can cause. While no abuse is worse than others, mental abuse should not be treated like it is nonexistent.

Keywords: Abuse Awareness, Child Mental Abuse, Effects of Abuse, Societal Issues

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1466 Ambivilance, Denial, and Adaptive Responses to Vulnerable Suspects in Police Custody: The New Limits of the Sovereign State

Authors: Faye Cosgrove, Donna Peacock

Abstract:

This paper examines current state strategies for dealing with vulnerable people in police custody and identifies the underpinning discourses and practices which inform these strategies. It has previously been argued that the state has utilised contradictory and conflicting responses to the control of crime, by employing opposing strategies of denial and adaptation in order to simultaneously both display sovereignty and disclaim responsibility. This paper argues that these contradictory strategies are still being employed in contemporary criminal justice, although the focus and the purpose have now shifted. The focus is upon the ‘vulnerable’ suspect, whose social identity is as incongruous, complex and contradictory as his social environment, and the purpose is to redirect attention away from negative state practices, whilst simultaneously displaying a compassionate and benevolent countenance in order to appeal to the voting public. The findings presented here result from intensive qualitative research with police officers, with health care professionals, and with civilian volunteers who work within police custodial environments. The data has been gathered over a three-year period and includes observational and interview data which has been thematically analysed to expose the underpinning mechanisms from which the properties of the system emerge. What is revealed is evidence of contemporary state practices of denial relating to the harms of austerity and the structural relations of vulnerability, whilst simultaneously adapting through processes of ‘othering’ of the vulnerable, ‘responsibilisation’ of citizens, defining deviance down through diversionary practices, and managing success through redefining the aims of the system. The ‘vulnerable’ suspect is subject to individual pathologising, and yet the nature of risk is aggregated. ‘Vulnerable’ suspects are supported in police custody by private citizens, by multi-agency partnerships, and by for-profit organisations, while the state seeks to collate and control services, and thereby to retain a veneer of control. Late modern ambivalence to crime control and the associated contradictory practices of abjuration and adjustment have extended to state responses to vulnerable suspects. The support available in the custody environment operates to control and minimise operational and procedural risk, rather than for the welfare of the detained person, and in fact, the support available is discovered to be detrimental to the very people that it claims to benefit. The ‘vulnerable’ suspect is now subject to the bifurcated logics employed at the new limits of the sovereign state.

Keywords: custody, policing, sovereign state, vulnerability

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1465 The Implementation of Child Adoption as Legal Protection of Children

Authors: Sonny Dewi Judiasih

Abstract:

The principle of a marriage is to achieve a happy and eternity family based on the willing of the God. The family has a fundamental role in the society as a social individual and as a nuclear family consists of father, mother, and children. Thus, each family always would like to have children who will continue the family. However, not all family will be blessed with children and consequently, there is family without children. Therefore, the said the certain family will do any effort to fulfill the wish to have children. One of the ways is to adopt children. The implementation of child adoption is conducted by the family who does not have children but sometimes child adoption is conducted by a family who has already children. The implementation of child adoption is based on the interest of the welfare and the intellectual of the said child. Moreover, it should be based on the social liability of the individual in accordance with the developing of the traditional values as part of the nation culture. The child adoption is conducted for the welfare of the child demonstrates that a change on the basic motive (value) whereby in the past the child adoption is to fulfill the wish of foster parent (to have children in the family). Nowadays the purpose of child adoption is not merely for the interest of foster parent but in particular for the interest, welfare and the future of the child. The development of the society has caused the occurrence of changes of perspective in the society which lead to a need for new law. The court of justice has an impact of such changes. It is evidenced by the court order for child adoption in the legal framework of certainty of law. The changes of motives (value) of the child adoption in the society can be fully understood in the event that the society fully understand that the ultimate purpose of Indonesia nation is to achieve a justice and prosperity society, i.e., social welfare for all Indonesian people.

Keywords: child adoption, family law, legal protection, children

Procedia PDF Downloads 430