|
|
Legal legislation of shared custody
ŠTEFÁNIKOVÁ, Kristina
This bachelor's thesis is dedicated to the Legal legislation of shared custody in the Czech republic. The aim of this thesis is to examine legal regulations of shared residency and to present its pros and cons. This thesis covers most of the theoretical elements of shared parenting. It is composed of six parts, each of them dealing with different aspects of child custody. Most of the chapters build upon a detailed research. Legal regulation and judicature are the main featured resources of this thesis. The first part features the parents and the child. The second chapter covers all three acceptable forms of child custody supported by law: sole custody, joint custody and shared custody. The third chapter is focused on the terms custody and visitation and their meanings from a judical and legislative point od view. The next chapter covers the role of the courts and other authorities associated with child custody. The fifths part describes the elements of shared custody in greater depths, including preconditions and methods how to apply for shared custody agreement but it also presents its downsides and limitations. The last chapter is based upon the method of secondary analysis. I studied court decisions of child custody cases statistically and analyzed how they refer to the individual aspects of shared parenting.
|
|
|
Models of Post-Divorce Child Care in the Czech Republic and in Italy
Argalášová, Marta ; Elischer, David (advisor) ; Frinta, Ondřej (referee)
Models of Post-Divorce Child Care in the Czech Republic and in Italy Abstract The topic of the thesis is a comparative approach to the institute of post-divorce childcare in the Czech Republic and in Italy. Decision-making about family arrangements after the divorce and separation of parents is related to a choice of the right model of post-divorce childcare, which the law of different countries offers. This decision implicates, in itself, also a decision on the right of access and maintenance, therefore a decision on childcare. The introductory part of this thesis is dedicated to a historical excursus on the development of family law in both countries, which enables the reader to understand current legislation and its background. A substantial part of the thesis is dedicated to the institute of divorce itself, since it is considered the starting-point for the decision about post-divorce childcare. The differences between the concept of divorce in the Czech Republic and in Italy are crucial for the following post-separation childcare decision-making. The so-called two-phase divorce in Italy makes a great difference in the decision-making about post-divorce childcare in both countries. The main part of the thesis offers a comparison of post-divorce childcare and the introduction of single models of...
|
|
|
Shared custody in terms of guardianship
BORŮVKOVÁ, Petra
The submitted bachelor thesis focuses on the institute of shared custody in terms of guardianship. The theoretical part describes and identifies the basic areas of the topic, especially the characteristics of the current family and its function, the outline of possible problematic areas and increasing developmental trends and changes in the family environment with their impacts on children in case of a family breakdown. The bachelor thesis focuses on defining the legal framework in relation to the post-divorce custody settlement in terms of guardianship which will be further developed in the context of shared custody. The aim of the practical part of the bachelor thesis is to show and expound various models and variations of shared custody and its course. A qualitative research approach has been chosen. The selected set consists of five families where shared custody was or has been implemented. It follows the method of multiple case study and the secondary data analysis.
|
|
|
Divorce process and its influence on the socioemotional development of children.
TOLAROVÁ, Jitka
The thesis deals with the divorce process, whose problem course has a negative influence on the development of children. The aim of the thesis is to clarify whether the divorce process influences the socioemotional development of children, to describe the issue of divorce in contemporary society, and persue source of undesirable phenomena that bring long-term conflicts between parents. Complicated cases of children who find themselves in the middle of relationship between parents are still increasing.
|
|
|
The application of joint physical custody in practice from a perspective of a child's right to care of both parents
Fialová, Markéta ; Frinta, Ondřej (advisor) ; Elischer, David (referee)
The rigorous thesis called The application of joint physical custody in practice from a perspective of a child's right to care of both parents deals with joint physical custody as a form of child custody which fulfills a child's right to care of both parents in the most suitable way. The main goal of this thesis is to define lmits of joint physical custody determined by case law which exclude its appropriateness as well as to evaluate options of operating with parents in order to achieve their own agreement about joint physical custody in order to avoid authoritative court decision. In the introductory chapter the thesis deals with the definition of joint physical custody, its legal basis, social debate following joint physical custody reflecting diverse opinions on it and also with impacts of a parental conflict on joint physical custody. The thesis then deals with the principle of the best interest of a child. It is the most significant principle of family law and as such it is especially necessary to apply it very thoroughly based on the assessment of all circumstances of a particular case. The main part of this thesis is devoted to limits of joint physical custody determined by case law excluding the application of joint physical custody in a particular case based on its inappropriateness. The...
|
|
|
Post-Divorce Child care in the Czech Republic
Loužecká Beerová, Veronika ; Elischer, David (advisor) ; Frinta, Ondřej (referee)
1 Abstrakt Post-Divorce Child Care in the Czech Republic The rigorous thesis discusses the topic of post-divorce care in the Czech Republik, i.e. the procedure, which results in the arrangement of family relationships between parents and children after their divorce or separation. Through the historical excursion and through the search for the definition of the concept of post-divorce care, essence of the work has to be focused on the divorce itself, because it is not only that the chosen form of divorce (contested divorce and uncontested divorce) fundamentally affects the future family arrangement, at the same time, it is divorce, which is a cause and a consequence of post-divorce care. The main part of the thesis is devoted to the current modification of post- divorce arrangement. The author of the work had to get acquainted not only with the national, European and international laws, but also with other members in this process, since the regulation of the relationship between the parent and the child is not only about a court, but also other institutions such as OSPOD, experts, a wider family ... Post-divorce care can be implemented withinlegal models. In the matter of adjustment to relationships between the parents and the minor, the court is entitled to decide, in accordance with the best interests of...
|
|
|
Shared custody and its influence on family
Vovsová, Nikola ; Dobiášová, Karolína (advisor) ; Čampulková, Jitka (referee)
The hereby presented bachelor thesis "Shared custody and its influence on family" deals with the issue of shared custody and describes its setting in the Czech legal system. It deals with its theoretical framework and its comparison with practice. It focuses on the specific problems encountered by parents in connection with after-divorce child care, namely problems with courts or communication with a former partner. Methods of data collection used in this work are desk research and analysis of data gotten from semi-structured interviews. The aim is to analyze the configuration of this policy and to define the main problems related to its implementation. Further, this bachelor thesis presents the perception of shared custody through parents' view and focuses on its influence on families. Theories and concepts used in this work are the best interest of the child, psychological deprivation and implementation theory.
|
|
|
The forms of custody for underage children in the times after split-up or divorce of their parents
Kudrfalcová, Adriana ; Salač, Josef (advisor) ; Šustek, Petr (referee)
1 Abstract This thesis with the subject "The forms of custody for underage children in the times after split-up or divorce of their parents" is dealing with possible types of arrangements of custody for a child after the break up of his parents. This topic is currently very live in the Czech Republic, as well as in other advanced countries, because the amount of divorces is rising. According to the valid legislation it is possible to entrust the child, after the divorce of his parents, to either the custody of one of the parents, shared custody of both parents, joint custody or, if deemed necessary in regards to the needs of the child, to the custody of another person. The aim of this thesis is to create an overview which will acquaint the readers with all options of arrangements of the custody for children after the divorce of their parents which are established in the section § 907 of Act no. 89/2012 Coll., Civil Code. The increased attention is paid to the shared custody because of several recent breakthrough jurisprudences of the Constitutional Court of the Czech Republic concerning this legal institute. This thesis is split into 5 chapters, excluding introduction and conclusion. In the first chapter I concern with historical development of the legislation of decision making regarding the entrusting of...
|
|
| |
|
|
The Life Situation of Fathers who Actively Participate on Raising their Children after Divorce
Trubetská, Marie ; Kotrusová, Miriam (advisor) ; Čampulková, Jitka (referee)
The main topic of this thesis is understating the life situation of divorced fathers, who actively participate on raising their children. As a group of interest I define fathers, who have reached joint custody. I try to understand their specific situation by making three half-structured interviews, during which I examine different spheres of their life. Because of the he lack of interviews I've combined this information with the data from online discussion for divorced fathers. To understand this topic in a more complete way I've also made interviews with two experts - Lukáš Talpa and one of the workers of the Authority for Social and Legal Protection of Children. The theoretical background of this essay is an active fatherhood and a life-course perspective. By thematic analysis I discovered a few mutual patterns. First of these patterns is disadvantaging fathers during the custody courts. This topic is very specific and hard to prove. Also, there are not enough expert studies, so I analyzed mostly my own data. Even though the experiences of the fathers are mostly negative, the experts claim that there is no global discrimination during the custody courts and the chances for men and women to achieve the after-divorce custody care they prefer are equal. Next of the common patterns is a...
|
guest ::
