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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...
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Child custodyl proceedings and the Cochem model
Heresová, Barbora ; Frintová, Dita (advisor) ; Kubešová, Silvia (referee)
Child custody proceedings and the Cochem practice Abstract The aim of this thesis is to describe and define, as thoroughly as possible, the child welfare judicial proceedings, particularly the child access and custody proceedings pursuant to section 466 b) and d) of Act No. 292/2013 Coll., on special court proceedings, as amended and to inform about the possibilities of its improvement through the use of the methods of the Cochem practice. The thesis consists of three main parts - part one and two are dedicated to the child access and custody proceedings, part three provides the reader with information about the Cochem practice. The first part of the thesis describes the child custody and access proceedings in general, it provides general information about the subjects of the proceedings (with focus on the court and the proceedings parties), furthermore it describes the position of the children' social and legal protection authorities and the Office for International Legal Protection of Children. In order to fully explain the procedural law regarding the child custody proceedings, this part also describes the substantive law. The second part of the thesis is dealing with the legal framework of the child custody proceedings, it also provides a thorough insight into the different types of legal child custody...
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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...
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