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Legislation of Family and Relationships between Parents and Children (with Insights into Past and Future)
Valentová, Hana ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
The presented thesis provides a comprehensive view of the current legislation on family and parents-children relationships, including insights into past and future. Being a still hot topic is the reason why I chose it for my thesis. Two introductory chapters discuss historical context of family and development of legal relationships between parents and children to date. The family has evolved over time, developed and changed and so has the status of its individual members, which was all reflected in legislation (paternal power, parental power, parental rights and duties, parental responsibilities). The current concept of family is described in Chapter 3, followed by Chapter 4 which gives general characteristics of family law and legal relations within the family, including the definitions of basic concepts used in the rest of the work. Key Chapter 5 discusses the concept of parental responsibilities brought into our law by the so-called "big amendment" to the Family Code (Act No. 91/1998 Coll.). In exercising these rights and duties, parents are obliged to protect the best interests of the minor child, to control his or her actions and to exercise supervision over him or her. The parent-child relationship is equal and both its parties are holders of complementary rights and duties. In all actions, child's...
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Parental responsibility and its exercise
Nováčková, Petra ; Radvanová, Senta (advisor) ; Frinta, Ondřej (referee)
Parental responsibility and its exercise The aim of my final thesis is to analyze parental responsibility and its exercise in the Czech rule of law by the Czech's principle. These thesis contain chapters about historical trends of family law, children rights and development of mutual law and duties of parents and children from the past to present. Some space is also devoted for government interference into parental responsibility. The reason why I chose the theme of parental responsibility for my final thesis is its current status which can be involved for everyone. Final thesis is divided into seven chapters. First chapter contains two parts. The first part is describing family law and explaining its position in a general law and its subject and principle. Second part is about family concept, protection, historical evolution and current situation. The second chapter is connected with legal children's status. It contains five parts. The first part is focused on children's rights, second part is describing a historical origin of the right. The third part is devoted to detail description of children's rights which are included in the Convention of Children's rights. The forth part is dealing with children's duties and fifth part is enlarged children as a juristic person. The third chapter is named...
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Third-party custody according to § 45 of the Family Code Act.No 94/1963 Coll.
STELLNEROVÁ, Alena
Abstract The focus of this thesis is to determine the issues of Third-party custody according to § 45 of the Family Code. Third-party custody is a form of foster care. A custody request according to § 45 of the Family Code is generally submitted by child's grandparents, but also other relatives. Yet it is possible for a person who is not related to the child by blood to apply for custody if they can guarantee a proper education. Third-party custody is determined primarily upon child's interests. The aim of my work was to establish reasons behind submitting a custody request. The research pool included families under supervision of municipal authority Dačice that have a single child or more children in custody. The pool consisted of 13 families, 17 adults and 22 minors. In order to reach the objective the qualitative research was chosen, I employed survey research, semi ? structured interview with individual respondents who have a child in custody and content analysis. 17 families with children in custody under supervision of municipal authority Dačice participated in the interviews. Questions were open. Every respondent was given a chance to make their own statement. Interviews were held in January and February 2013 either at municipal authority Dačice's offices or in the respondents' household, in one case the interview was conducted at respondent's workplace. The interview took approximately 1 hour for each respondent. Respondents were given an explanation why the interview was being conducted and were assured that all information given during the interview will remain anonymous. All respondents agreed to the semi-structured interview. Additional information was obtained from case files of minors, who were placed in custody of third adult by court and are overseen by social care department of municipal authority Dačice. All cases are overseen by the appropriate municipal authority based on minor's permanent residence. The research indicates that the reasons behind the third-party's custody requests according to § 45 of the Family Code lies within a dysfunctional biological family. In many cases the reason behind a custody request was a combination of various factors. Most often the reason was an unfit mother who either didn't want custody of the child or was incapable of caring for the child due to drug or alcohol abuse. The fact that these are mostly single or divorcing mothers plays a role too. In other cases there were fathers who failed at caring for their children due to the mother dying or abandoning the family. Research shows that the maternal grandparents are those who request custody most often. Only one respondent wasn't related to the child by blood. Considering the issue of grandparents being awarded custody most frequently the reasonable question is that of an average age of the respondents which was between 60 and 70 years. That it is primarily the grandparents who apply for custody is undoubtedly result of them having an emotional connection to the child and they feel morally obliged to take care of their grandchildren. They are aware of the family situation, they know what is going on within the family and how the parents wield or don't wield their parental responsibility. Children in custody of their blood relatives with close family ties adapt easier. It is to be expected that such children won't suffer from identity perception disorder. They know their roots, family values and rituals; they know where they come from.
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Relative foster care
VOLECHOVÁ, Olga
The first goal was to map the issue of the foster care exercised by children?s relatives which was registered at the Municipal Office in Písek in 2009. The second goal was to find reasons for the consigning of children into that form of substitute family care. Two research corpuses were designated and the strategy of quantitative research was chosen for objects achieving. Two hypotheses were set: Hypothesis No. 1: Most of the children who are in the foster care of their relatives are in some contact with their own biological parents. Hypothesis No. 2: Parental failure to perform rights and duties regarding children?s welfare is the most frequent reason for putting children into foster care exercised by children?s relatives. Hypothesis No. 1 was proofed. Hypothesis No. 2 was not proofed
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