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

Family Law

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

Edited by José Perea, Manuel de Torres · Edward Kruk · Margarita Ortiz-Tallo
Routledge May 2021

Specifications

ISBN-13
9780367691448
Publisher
Routledge
Publication
May 2021
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

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 of 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.

Table of Contents

Preface
José Manuel de Torres Perea, Edward Kruk and Margarita Ortiz-Tallo
Introduction
José Manuel de Torres Perea and Martin Widrig
Part I: Best Interest of the Child and Shared Parenting
1. Children’s Experiences of Shared Care
Patrick Parkinson and Judith Casemore
2. Shared Parenting: 12 Experts’ Exchange Views in Panel Discussions
Sanford L. Braver and Michel E. Lamb
3. Joint versus Sole Physical Custody: Which is Best for Children?
Linda Nielsen
4. Best Interest of the Child: "a" or "the" Primary Consideration? Thoughts about the Acceptability of a Rebuttable Presumption in Favour of Shared Parenting
José Manuel de Torres Perea
5. Does Joint Physical Custody "Cause" Children’s Better Outcomes?
Sanford L. Braver and Ashley M. Votruba
6. When Children’s Rights are Undermined in the Name of the "Best Interests of the Child": Switzerland’s Long Road to a Child-Centred Custody Legislation
Martin Widrig
7. Rights and Guarantees of Unaccompanied Minors: Researching the Bets Interest Principle in the Spanish Welfare State
Elena Avilés Hernández
8. The Right of Parents to Ensure the Religious and Moral Education of their Children: Parental Conflicts — An Analysis of Spanish Case Law
Rosa García Vilardell
9. The Best Interests of the Child in Shared Parenting Judgments According to Spanish Law
Elena Goñi Huarte
10. Informational Physiology of Individual Development
Peter Beyerlein
11. Shared Parenting as a Protective Factor of Children’s and Adults’ Health
Vittorio Carlo Vezzetti
Part II: Socioeconomic Profile of Shared Parenting
12. Legislation and Family: Divorce and Granting of Custody
Diego Becerril Ruiz and Jose Jimenez Cabello
13. Family Structure, Parental Practices and Child Subjective Well-being in Post-divorce Situations: The Case of Shared Parenting
Ana María López Narbona, Almudena Moreno Mínguez and Marta Ortega Gaspar
14. The Factors that Affect Judicial Decisions in Recolation Cases: Bridging the Gap between the Empirical Evidence and Socio-legal Practice
Yoav Mazeh
15. Shared Parenting vs. Recolation Disputes
María Dolores Cano Hurtado
16. Shared Parenting and Financial Interests
Jesús Martín Fuster
17. Having Additional Children: Should the State Regulate Family Relations?
Yoav Mazeh
Part III: Shared Parenting and Parental Alienation
18. Shared Parenting as Preventative of Parental Alienation
Edward Kruk
19. Shared Parenting and Politics: The Background of Equal Opportunities in the German Shared Parenting Context
Jorge Guerra González
20. Child Sexual Abuse, Parental Alienation Syndrome and Custody
Margarita Ortiz-Tallo and Marta Ferragut
21. Parental Alienation Syndrome and "Friendly Parent" Concept as Examples of Perversion of the System
Carmen R. Iglesias Martín
22. ECtHR-judgement: Compensation for "Parental Alienation". Analysis of European Court of Human Rights Judgement no.
23641/17 of 29th October 2019.
Hildegund Sünderhauf and Martin Widrig
23. The Cooperative Parenting Triangle: A Tool to Help Divorced Parents
Päivi Hietanen
Part IV: Alternative Dispute Resolution on Shared Parenting and Joint Parenting Plan
24. Mandatory Mediation and Legal Presumption for Shared Parenting: Why a Legal Presumption for Shared Parenting Can Lead to De-escalation in Custody Disputes after Parental Separation and How it is Connected with the Success in (Mandatory) Mediation
Hildegund Sünderhauf-Kravets
25. Parenting Coordination as an Alternative Dispute Resolution System in Family Law
Yolanda De Lucchi López-Tapia
26. PIFE: An Intervention Aimed at Restoring the Parent-child Bond Ruptured by Acute Separation Conflict or Parental Alienation
Celia Lillo
27. Joint Parenting Plan and Shared Parenting
Belén Casado Casado
Part V: Recent Evolution of Shared Parenting in a Comparative Scenario
28. Evolution in Recent Regulations on Shared Parenting in Western Countries
José Manuel De Torres Perea
29. What Happens When there is Presumptive 50/50 Parenting Time? An Evaluation of Arizona’s New Child Custody Statute
William V. Fabricius, Michael Aaron, Faren R. Akins, John J. Assini and Tracy McElroy
30. The Best Interests of the Child and Parental Authority in Philippine Family Law
Ryan Jeremiah Donato Quan and Blesscille V. Guerra-Termulo
31. Meeting their Parents: A Right Always Ignores for Divorced Affected Minors
Fahad Ahmad Siddiqi
32. The Best Interest of the Child in the Case Law of the Spanish Supreme Court
José Manuel Martín Fuster
33. Divorce and Loss of Paternal Contact: A Perspective from Norway
Eivind Meland
34. Trying to Put Shared Parenting into Scottish Law
Ian Maxwell
35. Some Features of Joint Custody and Shared Parenting in Slovakia
Dagmar Kopčanová
36. The Merits of the "Zaunegger-Approach" of the European Court of Human Rights
Martin Widrig
Conclusion
José Manuel de Torres Perea
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