Joint custody in cases of family breakdown: selected contexts

The institution of joint custody is a relatively new phenomenon in Poland. It is still relatively scarcely discussed and explored in legal studies or in pedagogy or psychology. The increasing interest in this form of custody in the situation of parents’ divorce results mainly from the ongoing transformation of parental roles, including the renewed recognition of the role and significance of the father in the child’s life. In cases of family breakdown, joint custody is sought as a solution whose primary objective is the good of the child. The aim of this article is to explore issues related to the use and popularization of joint custody in Poland, to outline changes in legislation regarding the regulations and possibilities of applying for joint custody and to critically analyse the current research on the advantages and disadvantages of joint custody in the context of the psychosocial development of the child in the context of parents’ divorce.

Keeping both parents’ bond with their child in separation situation – considerations in the context of forensic-psychological diagnosis

The article undertakes the topic of psychological diagnosis in a situation of joint custody from the forensic psychologist’s perspective. The authors underline the necessity of deep psychological analysis of the issue in order to answer the question of how separating parents can create the best possible conditions of care for their child and how to minimize the stress inevitably accompanying all family members in such a situation. Parenting model in which both parents are similarly engaged in upbringing process and the child lives at both parents’ places is discussed. The authors summarize benefits and disadvantages of parenting with the so-called ‘leading parent’ and joint custody trying to show the importance of organization of the parenting that first of all minimizes the unavoidable stress of the child in the situation of separation and protects existing bonds. It was proposed that the process of psychological diagnosis for legal purposes should not focus on which parent has higher level of ‘parental competence’, but should consider which specific situation may be the most beneficial for the child, bearing in mind the priority given to fostering attachment. This implies the need to change parents’, lawyers’ and psychologists’ way of thinking. For forensic psychologists, the proposed perspective may even require a reorganization of diagnostic process.

PEMENUHAN HAK ANAK DI INDONESIA MELALUI PERENCANAAN PENGASUHAN, PENGASUHAN TUNGGAL DAN PENGASUHAN BERSAMA

In many countries, joint custody has replaced and is considered better than sole custody. It is also deemed more in line with the gender equality principle which demands both parents to share responsibility for the custody and care of the child post-divorce. This article discusses how judges in divorce cases decide on child custody, and the extent to which they consider the merits of joint or sole custody and demand divorcees to consider making a parenting plan in the best interest of their children. Qualitative data is collected from the District Court and Religious Court at Semarang and by analysing 4 court decisions regarding child custody. Interestingly, none of the Courts above possess or implements a policy or have some procedural ruling obligating judges in divorce cases to demand parents to consider joint custody or making a parenting plan post-divorce. Obligatory pre-trial mediation is geared more as a procedural-formalistic attempt to dissuade parties to continue with divorce.

Grandparent Affection and Emotional Well-being of Adolescents with Different Family Types

Despite the increasing importance of grandparents in raising their grandchildren, few studies analyze the impact that these intergenerational relationships have on the grandchildren, especially during adolescence. With a sample of 3432 adolescents between 11 years and 16 years old, we analyze to what degree grandparent affection explains adolescent emotional well-being. The results reveal interesting findings according to family type: traditional two-parent families, families with joint custody, or families with only one biological parent (specifying between father or mother). Lastly, we analyze and discuss the implications of the relevant results related to the grandparents’ sex, lineage, and state of health, the adolescent’s age, as well as finding a higher impact of grandparent affection has on adolescents from families with only the father as a reference figure. This study advocates for reinforcing the role of the grandparents during adolescence, becoming especially relevant for boys and girls living in father-only families.

The Role of Custom in Managing Child Custody: A Juridico-Psychological Analysis in Local Context (Peranan Adat dalam Menguruskan Penjagaan Anak: Satu Analisis Psikologi-Fiqh dalam Konteks Tempatan)

Child custody is one of most important matters in managing the after effects of divorce as far as their impact on the child is concerned. Guided by the general principles of the Qur’an and Sunnah on parenting and parental role, classical jurists developed their own theory of managing such impacts in tandem with what was realistically working for their time and environment. With the changes in the pattern of parenting and traditional family structure in societies like Malaysia, it is suggested the fiqh of child custody has to be relevantised so as to result in minimizing debilitating after effects of parental separation on the children. The Current practice of mostly awarding the custody to the mother is not a full remedy, thus this study using juridico-psychological methods of analysis argues for finding juridical basis for joint-custody. Data related to the research were collected from print and internet sources. The textual and content-analysis methods were used in interpreting the relevant data. The research findings highlighted that the solution to the problem with regard to child custody should be in line with the modern psychological needs of the child so long it is within the parameters set by the Shariah and brings greater benefit to the child. Moreover, if both the parents of the child are Islamic in their orientation of thinking, a joint-custody will be more rewarding towards the child’s psychological needs and growth. Keywords: Child custody, juridico, legal, joint custody, psychological. Abstrak Penjagaan anak adalah salah satu perkara yang paling penting dalam mengatasi kesan perceraian terhadap anak. Berpandukan kepada prinsip-prinsip umum Al-Qur’an dan Sunnah mengenai peranan ibu bapa dalam penjagaan anak, para ahli hukum zaman silam telah menyarankan teori masing-masing ke arah pengurangan impak terhadap anak sesuai dengan zaman dan hal keadaan setempat pada masa itu. Dengan perubahan yang berlaku terhadap corak keibubapaan dan struktur keluarga dari tradisional ke moden seperti hal yang berlaku dalam kalangan masyarakat di Malaysia, disarankan fiqh mengenai hak penjagaan anak harus relevan sehingga dapat mengurangkan kesan pemisahan ibu bapa terhadap anak. Amalan semasa yang diguna pakai yang memberi hak keutamaan yang berlebihan kepada pihak ibu dalam penjagaan anak bukanlah suatu penyelesaian yang tuntas. Dengan menggunakan pendekatan juridico-psikologi (hukum dan kaedah psikologi), hasil kajian ini menunjukkan bahawa cara penyelesaian yang terbaik adalah dengan mengambil kira asas perundangan untuk memberi hak penjagaan bersama. Data yang berkaitan dengan kajian ini telah diperolehi dari sumber cetak dan internet. Kaedah analisis teks dan kandungan diguna pakai dalam menafsir data yang relevan dengan kajian ini. Hasil kajian ini menunjukkan bahawa penyelesaian untuk masalah berkenaan dengan hak penjagaan anak harus sesuai dengan keperluan psikologi moden anak itu selagi ianya tidak bertentangan dengan hukum Syariah dan membawa manfaat yang lebih besar kepada anak. Lebih-lebih lagi, jika kedua ibu bapa kanak-kanak itu Islamik dari segi orientasi berfikir, maka penjagaan bersama akan lebih bermanfaat terhadap keperluan dan pertumbuhan psikologi kanak-kanak tersebut. Kata Kunci: Penjagaan anak, perundangsn Fiqh, penjagaan bersama, psikologi.

Diversity of children’s situation after parents’ divorce. Selected variants of childcare

In Poland, tens of thousands of couples divorce every year, most of them are parents. Divorce has certain consequences for children, but the situation of children after divorce varies greatly. Legislation in force in Poland safeguards the child's best interests in a divorce situation. The article describes three variants of childcare after divorce: joint custody, single parenthood, reconstituted family. In each of these variants, there may be (but do not have to) certain treats, and everyone can also be a chance for a child to create a stable, friendly educational environment. Certainly, for a single/independent parent, reconciliation of childcare and upbringing with professional activity, housekeeping is a big challenge. It can also be difficult to spend time with a child constantly, lack of time to rest. Joint custody requires constant parents' contacts and arrangements after divorce, which may not be easy for them. In turn, in a reconstructed (patchwork) family there is a greater risk of conflicts, jealousy, alliances directed against one of the family members. However, examples of specific families show that it is possible to create a stable, safe environment for raising children after divorce, although it is certainly a big challenge requiring the maturity of both divorcing parents. From the point of view of child development, it seems more important what emotional climate will occur in the environment in which the child will live after divorce, how his/her parents will deal with the situation of separation and what strategies they will apply than what variant of childcare they will choose.

A experiência da guarda compartilhada dos filhos: uma revisão integrativa

A guarda compartilhada dos filhos tem sido alvo de muitas discussões nos meios acadêmicos, assim como na sociedade em geral. Este estudo visa a identificar as principais temáticas estudadas acerca do arranjo compartilhado, assim como descrever os resultados destas investigações. Para tanto, realizou-se uma revisão integrativa do tema, considerando as publicações compreendidas entre os anos de 1990 e 2016. Mediante busca nas bases PsycINFO, SciELO e PePSIC, com referência aos descritores “guarda compartilhada” e “joint custody”, foram identificados 219 artigos, os quais foram reduzidos para 45, considerando-se a existência de estudos duplicados e a pertinência de cada um ao objetivo traçado. Os artigos selecionados foram lidos na íntegra e posteriormente submetidos a uma análise de conteúdo. Tal análise configurou-se em cinco categorias temáticas. Os estudos apontaram haver benefícios do arranjo para o sistema familiar, em especial para os filhos, derivados de uma maior convivência destes com ambos os pais. Dificuldades associadas ao arranjo foram identificadas, principalmente no que tange ao conflito entre o par parental e às implicações das relações de gênero nesse processo. A guarda compartilhada é entendida como uma importante alternativa, ainda que artigos sugiram não haver um modelo ideal de guarda, sendo as particularidades de cada contexto e de cada família, seus recursos e interesses, mais relevantes que o arranjo em si.

The Role of Public Policy in the Enforcement of Foreign Custody Judgments: An Example of Joint Custody in Turkish Law

Societies transfer their basic values to new generations through child custody within the family. Therefore, bringing up children in healthy families is beneficial to society. Despite the importance of maintaining the sustainability of the family, which is the basic unit of society, when family sustainability is not possible, a basic duty of the courts must be to provide the best custody model for the welfare of the child after the dissolution of a marriage. Studies have shown that children have a better psychological state and can more easily overcome the trauma of divorce when the courts rule for joint custody than when the courts rule for sole custody. Joint custody, provided for in many legal systems, is not regulated in Turkish law. Thus, requests for the enforcement of foreign joint custody judgments are rejected by Turkish courts for violating public policy. Turkish courts incorrectly consider foreign law, which provides different rules, as grounds for public policy intervention. In this study, it is found that Turkish courts can rule for joint custody by depending on international conventions. Within this framework, it is not possible to reject the enforcement of foreign joint custody judgments by depending on the public policy exception.