The Equal Parent Presumption

The Equal Parent Presumption

Author: Edward Kruk

Publisher: McGill-Queen's Press - MQUP

Published: 2013-11-01

Total Pages: 200

ISBN-13: 0773590102

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In custody battles over the children of separated parents, the prevailing standard of evaluating what is in the "best interests of the child" has been scrutinized because of the discretionary nature of what is "best" and because of the bias in favour of the child residing in one "primary residence." In response, a consensus is beginning to emerge that it is vitally important that children maintain meaningful relationships with both parents after divorce. In The Equal Parent Presumption, Edward Kruk proposes a child-focused approach based on a standard that considers the best interests of the child from the perspective of the child and a responsibility-to-needs orientation to social justice for children and families. Challenging previous research and received ideas, Kruk presents an evidence-based framework of equal parental responsibility as the most effective means of ensuring the protection of family relationships following divorce, and shielding children from ongoing parental conflict and family violence. The existing system of determining parental rights and responsibilities is harming families. The Equal Parent Presumption addresses a major barrier to the principle of gender equality in parenting after divorce, and proposes a viable alternative to sole custody in the form of a legal presumption of shared and equal parenting.


The Equal Parent Presumption

The Equal Parent Presumption

Author: Edward Kruk

Publisher: McGill-Queen's Press - MQUP

Published: 2013-11

Total Pages: 221

ISBN-13: 0773590099

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In custody battles over the children of separated parents, the prevailing standard of evaluating what is in the "best interests of the child" has been scrutinized because of the discretionary nature of what is "best" and because of the bias in favour of the child residing in one "primary residence." In response, a consensus is beginning to emerge that it is vitally important that children maintain meaningful relationships with both parents after divorce. In The Equal Parent Presumption, Edward Kruk proposes a child-focused approach based on a standard that considers the best interests of the child from the perspective of the child and a responsibility-to-needs orientation to social justice for children and families. Challenging previous research and received ideas, Kruk presents an evidence-based framework of equal parental responsibility as the most effective means of ensuring the protection of family relationships following divorce, and shielding children from ongoing parental conflict and family violence. The existing system of determining parental rights and responsibilities is harming families. The Equal Parent Presumption addresses a major barrier to the principle of gender equality in parenting after divorce, and proposes a viable alternative to sole custody in the form of a legal presumption of shared and equal parenting.


Shared Physical Custody

Shared Physical Custody

Author: Laura Bernardi

Publisher: Springer Nature

Published: 2021-07-07

Total Pages: 328

ISBN-13: 3030684792

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This open access book provides an overview of the ever-growing phenomenon of children in shared physical custody thereby providing legal, psychological, family sociological and demographical insights. It describes how, despite the long evolution of broken families, only the last decade has seen a radical shift in custody arrangements for children in divorced families and the gender revolution in parenting which is taking place. The chapters have a national or cross-national perspective and address topics like prevalence and types of shared physical custody, legal frames regulating custody arrangements, stability and changes in arrangements across the life course of children, socio‐economic, psychological, social well-being of various family members involved in different custody arrangements. With the book being an interdisciplinary collaboration, it is interesting read for social scientists in demography, sociology, psychology, law and policy makers with an interest family studies and custody arrangements.


Parenting Plan Evaluations

Parenting Plan Evaluations

Author: Kathryn Kuehnle

Publisher: OUP USA

Published: 2012

Total Pages: 630

ISBN-13: 0199754020

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When conducting parenting plan evaluations, mental health professionals need to be aware of a myriad of different factors. More so than in any other form of forensic evaluation, they must have an understanding of the most current findings in developmental research, behavioral psychology, attachment theory, and legal issues to substantiate their opinions. With a number of publications on child custody available, there is an essential need for a text focused on translating the research associated with the most important topics within the family court. This book addresses this gap in the literature by presenting an organized and in-depth analysis of the current research and offering specific recommendations for applying these findings to the evaluation process. Written by experts in the child custody arena, chapters cover issues associated with the most important and complex issues that arise in family court, such as attachment and overnight timesharing with very young children, dynamics between divorced parents and children's potential for resiliency, co-parenting children with chronic medical conditions and developmental disorders, domestic violence during separation and divorce, gay and lesbian co-parents, and relocation, among others. The scientific information provided in these chapters assists forensic mental health professionals to proffer empirically-based opinions, conclusions and recommendations. Parenting Plan Evaluations is a must-read for legal practitioners, family law judges and attorneys, and other professionals seeking to understand more about the science behind child custody evaluations.


The Routledge International Handbook of Shared Parenting and Best Interest of the Child

The Routledge International Handbook of Shared Parenting and Best Interest of the Child

Author: José Manuel de Torres Perea

Publisher: Routledge

Published: 2021-05-26

Total Pages: 472

ISBN-13: 1000389375

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This multidisciplinary volume offers an essential, comprehensive study of perspectives on the scope and application of the best interests of the child and focuses mainly on its application in relation to child custody. With expert contributions from psychological, sociological and legal perspectives, it offers scientific analysis and debate on whether it should be the primary consideration in deciding child custody cases in cases of divorce or separation or whether it should be one of several primary considerations. It explores complex dilemmas inherent in shared parenting and whether the advantages it offers children are sufficient when compared to attributing custody to one parent and limiting visitation rights of the other. Offering a comprehensive analysis of this complex topic, chapters provide detailed insight into the current state of research in this area, as well as expert guidelines aimed at resolving the controversies when parents agree or disagree over their children’s living arrangements. Cutting-edge topics explored include: transnational shared parenting; alternative dispute resolution; breastfeeding parents; religious disputes between parents and the psychological, social and economic factors that affect shared parenting. The Routledge International Handbook of Shared Parenting and Best Interest of the Child will be essential reading for scholars and graduate students in law, psychology, sociology and economics interested in shared parenting and family law.


Two Homes, One Childhood

Two Homes, One Childhood

Author: Robert E. Emery Ph.D.

Publisher: Penguin

Published: 2016-08-09

Total Pages: 338

ISBN-13: 0698404246

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A paradigm-shifting model of parenting children in two homes from an internationally recognized expert. A researcher, therapist, and mediator, Robert Emery, Ph.D., details a new approach to sharing custody with children in two homes. Huge numbers of children are affected by separation, divorce, cohabitation breakups, and childbearing outside of marriage. These children have two homes. But their parents have only one chance to protect their childhood. Building on his 2004 book The Truth About Children and Divorce and a strong evidence base, including his own research, Emery explains that a parenting plan that lasts a lifetime is one that grows and changes along with children’s—and families’—developing needs. Parents can and should work together to renegotiate schedules to best meet the changing needs of children from infancy through young adult life. Divided into chapters that address the specific needs of children as they grow up, Emery: • Introduces his Hierarchy of Children’s Needs in Divorce • Provides specific advice for successful parenting, starting with infancy and reaching into emerging adulthood • Advocates for joint custody but notes that children do not count minutes and neither should parents • Highlights that there is only one “side” for parents to take in divorce: the children’s side Himself the father of five children, one from his first marriage, Emery brings a rare combination of personal and professional insight and guidance for every parent raising a child in two homes.


The Role of the Father in Child Development

The Role of the Father in Child Development

Author: Michael E. Lamb

Publisher: John Wiley & Sons

Published: 2010-04-05

Total Pages: 672

ISBN-13: 047040549X

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The Definitive reference on the important role fathers play in child development today Edited by Dr. Michael Lamb—the recognized authority on the role of fathers in child development, The Role of the Father in Child Development, Fifth Edition brings together contributions from international experts on each subject to provide a thorough and current summary of the state of fatherhood across cultures, classes, economic systems, and family formations. This classic guide offers a single-source reference for the most recent findings and beliefs related to fathers and fatherhood. This thoroughly updated new edition provides the latest material on topics such as: The effects of divorce Fathers from low-income backgrounds Stepfathers’ lives: exploring social context and interpersonal complexity Social policy Gay fathers Fatherhood and masculinity The definitive book on when, why, and how fathers matter to their children and families, The Role of the Father in Child Development, Fifth Edition is an essential reference for all mental health professionals who endeavor to understand and support fathers in becoming positive influences in their children’s development.


Co-Parenting from the Inside Out

Co-Parenting from the Inside Out

Author: Karen L. Kristjanson

Publisher: Dundurn

Published: 2017-12-02

Total Pages: 172

ISBN-13: 1459740599

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Karen L. Kristjanson shares the stories of a variety of divorced and separated couples who co-parent. Effective co-parenting, or sharing significant parenting time with an ex-spouse, is one of the best gifts separated parents can give to their children. The interviews in Co-Parenting from the Inside Out are with real moms and dads in diverse circumstances, showing them making choices, sometimes struggling, and often growing. Their stories offer insights into wise decision-making, as well as practical strategies that strengthen families. Parents can see that they are not alone as they navigate their feelings and build a future. While pain exists in most stories, there is also hope. Co-parents often feel that they have become more confident and compassionate, and parent better than before. The effects of their personal growth and their children’s are the silver lining in the dark pain of divorce. Karen L. Kristjanson has brought together real life co-parenting stories that inspire separated parents and help them understand co-parenting better, offering practical tips and tools that directly benefit families.


Delivering Family Justice in the 21st Century

Delivering Family Justice in the 21st Century

Author: Mavis Maclean

Publisher: Bloomsbury Publishing

Published: 2015-08-27

Total Pages: 465

ISBN-13: 1782259716

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Family justice requires not only a legal framework within which personal obligations are regulated over the life course, but also a justice system which can deliver legal information, advice and support at times of change of status or family stress, together with mechanisms for negotiation, dispute management and resolution, with adjudication as the last resort. The past few years have seen unparalleled turbulence in the way family justice systems function. These changes are associated with economic constraints in many countries, including England and Wales, where legal aid for private family matters has largely disappeared. But there is also a change in ideology in a number of jurisdictions, including Canada, towards what is sometimes called neo-liberalism, whereby the state seeks to reduce its area of activity while at the same time maintaining strong views on family values. Legal services may become fragmented and marketised, and the role of law and lawyers reduced, while self-help web based services expand. The contributors to this volume share their anxieties about the impact on the ability of individuals to achieve fair and informed resolution in family matters.


Goliath's Reckoning: Unveiling the Biassed Truth Behind Children's Court that discriminates against Fathers

Goliath's Reckoning: Unveiling the Biassed Truth Behind Children's Court that discriminates against Fathers

Author: Salatiso

Publisher: Salatiso

Published: 2024-06-10

Total Pages: 203

ISBN-13:

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Discover a Father's Courageous Fight Against a Biased Legal System and the Struggle for True Equality In "Goliath's Reckoning: Unveiling the Biassed Truth Behind Children's Court," embark on a profound journey through the complexities of South Africa's family courts, where one father's unwavering determination to protect his son becomes a powerful stand against state-sanctioned gender discrimination. This compelling narrative not only explores the personal sacrifices and legal battles faced by fathers but also serves as a comprehensive guide for navigating a system that often seems rigged against them. Key Highlights: A Personal Battle: Follow the author's deeply personal story as he confronts a legal system that favors mothers and marginalizes fathers, threatening the best interests of children. Inspired by his own experiences and those of other fathers, the author reveals the immense strength required to challenge deeply entrenched biases. Legal Strategies and Practical Insights: Gain valuable insights and practical strategies for self-represented litigants fighting for their parental rights. This book offers a roadmap for navigating the complexities of family law, empowering parents to advocate effectively for their children. Equality Before the Law: Explore the critical principle of equality before the law, a cornerstone of justice that empowers every citizen, regardless of their background or social standing, to hold the government and its institutions accountable. Learn how state-sanctioned discrimination—whether based on gender or race—undermines this principle and threatens the future of South Africa's children. A Call to Action: "Goliath's Reckoning" is more than a memoir; it is a call to action for all those who have felt powerless against a biased system. The author challenges readers to stand up for what is right, using the power of personal agency and the guiding light of the Constitution to create a fair and just society. Why This Book Matters: In a world where justice and equality are often compromised by well-intentioned but flawed redress policies, this book shines a light on the urgent need for reform. The author argues that true equality before the law must be restored to protect the best interests of the child and ensure that every parent, including fathers, has the opportunity to play an active and nurturing role in their child's life. Who Should Read This Book: Fathers and Parents: Seeking to understand their rights and navigate the family court system. Legal Professionals: Interested in the impact of gender biases in family law. Social Justice Advocates: Committed to fighting all forms of state-sanctioned discrimination. Readers: Who believe in the power of individual agency and the importance of equality before the law.