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A history of charitable children's homes and emergent state-centred child welfare policy in Nova Scotia
Offers instructions and advice for becoming a legal guardian, discusses alternatives to guardianship, and provides legal forms.
Three distinguished authorities in law, psychiatry, and child development critically evaluate current child placement laws.
The second volume in a classic trilogy of reference works often cited in child custody cases, which introduced the concept of the “least detrimental alternative” when addressing a child’s welfare. The second volume in a classic trilogy of works by Joseph Goldstein, former Sterling Professor Emeritus of Law at Yale Law School; Albert J. Solnit, the former director of the Yale Child Study Center, and Anna Freud, daughter of Sigmund Freud. These texts (Beyond the Best Interests of the Child was the first in the series, and In the Best Interests of the Child was the third) are classic references often cited in child custody cases; Before the Best Interests of the Child specifically addresses when the state should intervene. Rather than the familiar legal "best interests of the child" doctrine, the authors’s work is based on the more realistic standard of finding the "least detrimental alternative." This is indispensable reading for social workers, family court judges, lawyers, psychologists, and parents.
"The least detrimental alternative", the authors' seminal principle for safeguarding a child's growth and development by minimizing intrusions of the law, has been cited in more than 1,000 child custody cases since 1973.
This updated edition consolidates all child-centred legislation, from the UN Convention on the Rights of the Child through to the Referendum on Children's Rights 2012, in an easy-to-understand format.
This open access book presents twelve unique studies on mediation from researchers in Denmark, Finland, Norway and Sweden, respectively. Each study highlights important aspects of mediation, including the role of children in family mediation, the evolution and ambivalent application of restorative justice in the Nordic countries, the confusion of roles in court-connected mediation, and the challenges in dispute systems. Over the past 20-30 years, mediation has gained in popularity in many countries around the world and is often heralded as a suitable and cost-effective mode of conflict resolution. However, as the studies in this volumes show, mediation also has a number of potential drawbacks. Parties’ self-determination may be jeopardized, affected third parties are involved in an inadequate way, and the legal regulations may be flawed. The publication can inspire research, help professionals and policymakers in the field and be used as a textbook.
This book is the first analysis of parental care regimes in Muslim jurisdictions, both in a comparative and country-specific sense. It contains the proceedings of a workshop on Parental Care and the Best Interests of the Child in Muslim Countries that the Max Planck Research Group “Changes in God’s Law: An Inner-Islamic Comparison of Family and Succession Law” hosted in Rabat, Morocco in April 2015. This workshop saw a total of 15 country reports presented on questions of custody, guardianship and their development within different Muslim jurisdictions (ranging from Indonesia to Morocco), a number of which are included in full in the book. Each of these country reports contains a historical perspective on the evolution of domestic rules regarding custody and guardianship, and on the introduction and development of the notion of the best interests of the child. Most importantly, the prevailing legal norms, both substantive and procedural, are explored and particular attention is given to legal practice and the role of the judiciary. In addition to a selection of country reports from the workshop, the volume includes two comparative analyses on questions of parental care in both public and private international law. With a high practical relevance for legal practitioners working in the area of cross-border custody disputes and the most up-to-date assessment of parental care regimes beyond a pure analysis of statutory law, this book combines a number of country reports authored by experts who have worked or are still based in the respective countries they are reporting on and thus contains in-depth discussions of legal practice and custody law in action. Nadjma Yassari is Director of the Research Group “Changes in God’s Law: An Inner-Islamic Comparison of Family and Succession Law” while Lena- Maria Möller and Imen Gallala-Arndt are Senior Research Fellows at the Max Planck Institute for Comparative and International Private Law in Hamburg and the Max Planck Institute for Social Anthropology in Halle respectively.
Separation and divorce have become an inevitable factor in American society. Even those of us who have not experienced these events di rectly have been touched by them through association with parents, friends, neighbors, or co-workers. Frequently, we have observed these individuals express a variety of negative emotions, including insecurity, anxiety, depression, fear, and anger. If children are involved, their par ents' decisions and often dysfunctional maneuvers in this matter will most likely have a profound affect on them. One such decision will be with whom they will live. Although the great majority of children will live with their mothers following a divorce, this arrangement is no longer accepted as inevitable. Changes such as an ever-increasing num ber of mothers with full-time out of home employment and research supporting the significance and competence of fathers in child rearing have led many observers to challenge the assumption of maternal supe riority. These changes, as well as those related to the law and child cus tody, for example the increased acceptability of a joint custody arrange ment, have complicated the process of deciding where a child should live after his or her parents' divorce. Consequently, others are fre quently called upon to assist in the decision making and render an opin ion concerning custody and visitation. By and large these individuals will be members of the mental health profession.