|
|
Judicial Decision-Making in Proceedings of Judicial Care for Minors With a Focus on the Issue of Parental Manipulation of a Minor
Mašková, Karolína ; Frintová, Dita (advisor) ; Střeleček, Tomáš (referee)
Judicial Decision-Making in Proceedings of Judicial Care for Minors With a Focus on the Issue of Parental Manipulation of a Minor Abstract This thesis focuses on the issue of parental manipulation of a minor in proceedings of judicial care for minors, particularly in terms of proceedings regarding the child custody and personal contact with a parent. The objective of this thesis is to study the forms of parental manipulation and its consequences for a child, as well as analyze the role of parental manipulation in judicial decision-making in the aforementioned proceedings. The final aim of the thesis is to evaluate whether there is room for improvement of the situation of children affected by parental manipulation, and if so, bring up de lege ferenda proposals. The first chapter describes the legislation of proceedings of judicial care for minors. It focuses mainly on procedural aspects of the proceedings, describing them from the moment of the initiation of the proceedings to the enforcement of the decision, including the description of interim measures. Special attention is devoted to amicable settlements, in particular to the Cochem model which has continued to gain significance in recent years. Substantive law issues addressed in this chapter include characteristics of the forms of child custody, their...
|
|
|
Child and divorce of its parents - selected issues
Dlouhý, Vojtěch ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Child and divorce of its parents - selected issues This diploma thesis deals with development of legal form of child custody after divorce of its parents. In the first part of this work is described historical development this legislation in substantive law, procedural law as well as in public law. In the next part the work focuses on current legislation included an emergence of marriage, its divorce with issues of mediation. In this part is also described child protection. Following this topic is in the next part described problematics by adjusting the ratio of the minor child including a status of a child before a court. At the end the diploma thesis points on development of judicature of the Constitutional Court of the Czech republic especially on decision I. ÚS 2482/13, its evaluation and context of some others decision of the Constitutional Court of the Czech republic. The aim of this work is to describe the process of court's decision of child custody after divorce of its parents. The work deals with substantive and procedural development in this area and crucially comments above decision.
|
|
|
Approaches of Selected Institucions to Domestic Violence Allegations during the Divorce Proceedings
Vašinová, Petra ; Čedík, Miloslav (advisor) ; Ondrušová, Jiřina (referee)
The name of the thesis: Approaches of Selected Institucions to Domestic Violence Allegations during the Divorce Proceedings The author: Bc. Petra Vašinová The tutor: PhDr. Miloslav Čedík Pages, marks: 64, 145 176 Separate attachments: 2 Bibliography includes 71 items Abstract: The diploma thesis deals with issues of allegations of domestic violence in the process of custody proceeding before the divorce as viewed by related institutions. The key research subject covers different procedures of selected workers in a case of an allegation. Based on the initial interviews a question came up if the institutions use inner guidelines to deal with possible situations of clients manipulating workers. The next subject were the workers' opinions of the issues and of the allegation charges and sentences. The theoretical scope of the thesis contains relevant information about divorce, parental conflict, manipulation, ways of solving such problems, consequences, parental alienation syndrome and information about allegation in both Czech and foreign researching. The research method that I used was the Interpretative phenomenological analysis and the data was collected using semi-structured interviews. Open and Selective coding were used to evaluate the data. Based on the above mentioned method it has been found...
|
|
|
Legal status of a child after break-up of their parents
Horváthová, Sylvie ; Frintová, Dita (advisor) ; Hendrychová, Michaela (referee)
Legal status of a child after break-up of their parents Abstract The goal of this thesis is to thoroughly elaborate about possible arrangements of situation of a child after the break-up of their parents, with focus on specifics of joint custody. The aim is also to critically evaluate corresponding practices of the Czech Constitutional Court and to put current legal regulations into historical and comparative context. The topic of this diploma thesis is legal status of a child after break-up of their parents. It is focused both on children of married and unmarried parents. An extra chapter about legal status of children from atypical families is also included, which addresses unusual legal positions of children of same-sex parents, children born via surrogacy and children raised by foster and adoptive parents. In the first chapter the marriage, cohabitation and differences between these two is discussed. A brief description of how the law in question evolved is included as well. The interest of a child is also characterized, as it is the primary consideration when (not only) courts are deciding about children. Third chapter covers parental responsibility. The following part is mostly focused on the topic of custody including an overview of the historical context. In this part, forms of custody and their...
|
|
|
Legal status of a child after break-up of their parents
Horváthová, Sylvie ; Frintová, Dita (advisor) ; Hendrychová, Michaela (referee)
Legal status of a child after break-up of their parents Abstract The topic of this diploma thesis is legal status of a child after break-up of their parents. It is focused both on children of married and unmarried parents. An extra chapter about legal status of children from atypical families is also included, which addresses unusual legal positions of children of same-sex parents, children born via surrogacy and children raised by foster and adoptive parents. In the first chapter I discuss the marriage, cohabitation and differences between these two. A brief description of how the law in question evolved is included as well. Second chapter covers parental responsibility. The following part is mostly focused on the topic of custody including an overview of the historical context. In this part, forms of custody and their specifics are described and an overview of interpretation issues resulting from regulations and laws is given. The section is also supported by findings from the field of psychology regarding forms of custody with focus on joint custody and parent alienation syndrome. A section about child perception of a divorce is also included. Next chapter depicts visitations between a child and their parents and also between the child and other persons. The interest of a child is also characterized, as...
|
|
|
Enforcement of judgments in family cases
Chmelíková, Milena ; Frintová, Dita (advisor) ; Kubešová, Silvia (referee)
The issue of the enforcement of judgments in family cases is a topical issue in our society, since the various changes this legal area has recently experienced. The main change in the procedural field was the separation of so-called undisputed proceedings into a new Act on Special court proceedings, while the Civil Procedure Code remained a subsidiary act. This new Act also contains the sole regulation of the enforcement proceeding in cases relating to domestic violence and in cases of child custody, since these two areas are the most distinct from the enforcement of other pecuniary and non-pecuniary performance. In the first two chapters, the thesis focuses on the background of the enforcement proceedings as well as on its development, principles and functions. The second chapter ends with the outline of the enforcement in the Act on Special court proceedings. The third chapter deals with the enforcement of judgements in domestic violence cases, focusing particularly on the Police Eviction Instrument and the Special Preliminary ruling on the Protection against Domestic Violence. Their subsequent enforcement is then evaluated and analyzed. The fourth chapter focuses on the legal regulation of the child custody, with an emphasis on the comparison of the different modes of enforcing the decisions, as...
|
|
|
Child and divorce of its parents - selected issues
Dlouhý, Vojtěch ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Child and divorce of its parents - selected issues This diploma thesis deals with development of legal form of child custody after divorce of its parents. In the first part of this work is described historical development this legislation in substantive law, procedural law as well as in public law. In the next part the work focuses on current legislation included an emergence of marriage, its divorce with issues of mediation. In this part is also described child protection. Following this topic is in the next part described problematics by adjusting the ratio of the minor child including a status of a child before a court. At the end the diploma thesis points on development of judicature of the Constitutional Court of the Czech republic especially on decision I. ÚS 2482/13, its evaluation and context of some others decision of the Constitutional Court of the Czech republic. The aim of this work is to describe the process of court's decision of child custody after divorce of its parents. The work deals with substantive and procedural development in this area and crucially comments above decision.
|
|
|
Case study - Divorce and its circumstances
Nouzová, Eva ; Spirit, Michal (advisor) ; Neděla, Radek (referee)
In my thesis I dealt with divorce. The aim was to highlight the circumstances of a real case which a person can be encountered with during divorce proceedings, with special focus on child custody. What has been analyzed is the old legislation of family law as well as view from a perspective of the new Civil Code. In the end of the work, progress of divorce proceeding and approach of responsible authorities has been evaluated.
|
|
|
Divorce and its negative effect on teenage child development
DVOŘÁKOVÁ, Jana
The case study discusses problems arising from divorce and its negative effect on teenage child development. It especially focuses on relationships between children and parents. The theory part of this study is looking at common characteristics of teenage children of divorced parents, child custody, and care for children by their parents after divorce. It briefly describes the emotional effect divorce has on a child development; aged between 11-15 years old. Further, this part of the study discusses options available to parents to keep healthy relations with their children after divorce. The practical part of this case study includes findings from a recent survey. The results are compared with literature, written by experts in the field of child`s welfare after divorce. This part is especially focusing on relationships between children and the {\clqq}other`` parents; parents which have not been given custody of their child.
|
guest ::
