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 childrens 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.
This interdisciplinary volume offers international perspectives on the crucial question of whether the Best Interest of the Child should be
the primary consideration to decide child custody cases in case of divorce or separation, or whether it should be
one of a range of primary considerations.
Preface Introduction; Part I: Best Interest of the Child and Shared
Parenting
1. Childrens Experiences of Shared Care
2. Shared Parenting:
Twelve Experts Exchange Views in Panel Discussions
3. Joint versus Sole
Physical Custody: Which is Best for Children?
4. Best Interest of the Child:
"A" or "the" Primary Consideration? Thoughts about the Acceptability of a
Rebuttable Presumption in Favour of Shared Parenting
5. Does Joint Physical
Custody "Cause" Childrens Better Outcomes?
6. When Childrens Rights are
Undermined in the Name of the 'Best Interests of the Child': Switzerlands
Long Road to Child-Centred Custody Legislation
7. Rights and Guarantees of
Unaccompanied Minors: Researching the Best Interest of the Child Principle in
the Spanish Welfare State
8. The Right of Parents to Ensure the Religious and
Moral Education of their Children: Parental ConflictsAn Analysis of Spanish
Case Law
9. The Best Interests of the Child in Shared Parenting Judgments
According to Spanish Law
10. Informational Physiology of Individual
Development
11. Shared Parenting as a Protective Factor in Childrens and
Adults Health; Part II: Socioeconomic Profile of Shared Parenting
12.
Legislation and Family: Divorce and Granting of Custody
13. Family Structure,
Parental Practices, and Child Wellbeing in Post-divorce Situations: The Case
of Shared Parenting
14. Factors that Affect Judicial Decisions in Recolation
Cases: Bridging the Gap between the Empirical Evidence and Socio-legal
Practice
15. Shared Parenting versus Recolation Disputes
16. Shared Parenting
and Financial Interests
17. Having Additional Children: Should the State
Regulate Family Relations?; Part III: Shared Parenting and Parental
Alienation
18. Shared Parenting as Preventative of Parental Alienation
19.
Shared Parenting and Politics: Background of Equal Opportunities in the
German Context
20. Child Sexual Abuse, Parental Alienation Syndrome and
Custody
21. Parental Alienation Syndrome and 'Friendly Parent' Concept as
Examples of Perversion of the System
22. Compensation for "Parental
Alienation": Analysis of ECtHR 23641/17
23. The Cooperative Parenting
Triangle: A Tool to Help Divorced Parents; Part IV: Alternative Dispute
Resolution on Shared Parenting and Joint Parenting Plan
24. Mandatory
Mediation and Legal Presumption for Shared Parenting
25. Parenting
Coordination as an Alternative Dispute Resolution System in Spanish Family
Law
26. PIFE - An Intervention Aimed at Restoring the Parent-child Bond
Ruptured by Acute Separation Conflict or Parental Alienation
27.
Co-Responsibility Plan and Shared Parenting; Part V: Recent Evolution of
Shared Parenting in a Comparative Scenario
28. Recent Developments in Shared
Parenting in Western Countries
29. What Happens When there is Presumptive
50/50 Parenting Time? An Evaluation of Arizonas New Child Custody Statute
30. The Best Interests of the Child and Parental Authority in Philippine
Family Law
31. Meeting their Parents: A Right Always Ignores for
Divorced-affected Minors
32. The Best Interest of the Child in the Case Law
of the Spanish Supreme Court
33. Divorce and Loss of Paternal Contact: A
Perspective from Norway
34. Trying to Put Shared Parenting into Scottish Law
35. Features of Joint Custody and Shared Parenting in Slovakia
36. The Merits
of the "Zaunegger-Approach" of the European Court of Human Rights Conclusion
José Manuel de Torres Perea is Associate Professor of Civil Law at the University of Mįlaga, Spain, specialising in Family Law. He is the author of significant contributions on shared parenting and the best interests of the child in Spanish legal literature.
Edward Kruk is Associate Professor of Social Work at the University of British Columbia, specialising in child and family policy. He has published extensively on shared parental responsibility, child custody determination, parental alienation, family mediation and the role of fathers in child development. He is the inaugural president of the International Council on Shared Parenting (ICSP).
Margarita Ortiz-Tallo is a Clinical Psychologist and Professor of Psychology at the University of Mįlaga, Spain, and has lectured in several countries. She has written numerous articles published in scientific journals, several specialist books on psychopathology and books for the general public on different psychological subjects.
