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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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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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Joint physical custody after divorce and its influence on members of family
RUBEŠOVÁ, Lenka
My thesis deals with the issue of educational environment of minor children after their parents´ divorce. I focused on joint physical custody, which means that each of the parents shall have significant periods of physical custody, i.e. more or less continuing contact with children. Legal institution of joint physical custody was introduced to the legal practice in the Czech Republic in 1998, when the amendment of the Family Act was adopted. Unfortunately, joint physical custody is not often used in practice and experts do not even share the same opinion of this phenomenon. If joint physical custody is chosen as educational environment for minors, big claims are posed both on parents and their children. The objective of my work was to find out, how joint physical custody works in concrete families with minors at the age of 6 to15, and whether parents and children are satisfied with this family arrangement. Partial objectives were to find out what are the most frequently used periods of physical custody {--} how many days the minor lives with one parent before he/she leaves to live with the other one; whether such family arrangement influences minors´ school attendance and quality of communication within the family. A qualitative research, the polling method and the technique of a half-standardized interview have been applied. In the framework of the research, interviews with parents and their children in five families with joint physical custody were carried out.The results showed, that the arrangement of joint physical custody has been working in these families for several years and that the polled family members are mostly satisfied. Most frequently used period of living with one of the parents is a one week period, and Friday is usually the day of moving from one parent to the other. If parents are able to cooperate and communicate well with each other, there is not even a problem with school attendance. All members of the families agreed that they are able to communicate well with each other.The results of my thesis might be used by counselling services that are provided for divorcing couples and all the facts and information about experience with joint physical custody might help to those parents who consider such family arrangement.
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Joint Physical Custody after Divorce - Advantages and Disadvantages
ZELENÁ, Šárka
In 1998 an amendment of the Family Act of 1963 made it possible, following the example of western countries, to entrust children to joint physical custody of parents, after their divorce. This gives them the possibility to equally share the upbringing and making decisions in important matters concerning their child after their divorce. This form of post-divorce organisation of child care is relatively new in this country, and that is why we have little experience with it so far. Specialists who are in contact with the questions of the joint physical custody present a number of both advantages and disadvantages. The objective of my diploma thesis was to map the particular questions, find out how the professional and non-professional public view the joint physical custody, and subsequently, compare these results. My further objective was to describe the advantages and disadvantages resulting from the shared parenting. My research was based on the hypothesis that the professional public regarded this post-divorce organisation of child care as suitable, further on the hypothesis that non-professional public was not sufficiently informed about this possibility of post-divorce organisation of child care, and, last but not least, the statement that there were differences between the attitude held by the professional and that held by the non-professional public to the questions mentioned. Two of the three hypotheses were confirmed in the course of the research. The conducted research is of explorative character, it combines elements of quantitative and qualitative research. To conduct it I used the method of questioning by means of an anonymous questionnaire, the data obtained were processed in the computer SPSS programme. In questions containing qualitative data, I conducted a qualitative content analysis. Another technique that I applied was the secondary data analysis. The research sample was made up of randomly chosen representatives of both professional and non-professional public from the Regions of South Bohemia and Hradec Králové. My thesis will serve as a feedback for specialists dealing with this field, it will be used for the needs of the Children and Family Crisis Centre in České Budějovice. Its results will serve for the improvement of information of professional and non-professional public.
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