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Joint custody - its assumptions, strengths and potential weaknesses in the light of psychology
Koppová, Kateřina ; Šturma, Jaroslav (advisor) ; Mertin, Václav (referee)
This bachelor thesis deals with joint custody in relation to its assumptions, strengths and potential weaknesses in the light of psychology. The theoretical part provides insight into the context of the form of contemporary family, with the issue of divorce and its impact on all involved individuals and with different forms of parenting. The legislative grounding of post divorce child care and its possible forms in the Czech legal order is also covered. The psychological assumptions of joint custody of both the parents and the child are emphasized to a great extent. On the basis of these findings are drawn possible strengths and weaknesses of joint custody. Last but not least are presented different approaches to joint custody among a few selected countries. The final part of this thesis is designed as qualitative research project focusing on the evaluation of joint custody from the perspective of individuals who have personal experience with this post-divorce arrangement. Keywords: joint custody, children, divorce, post-divorce arrangement, psychological impacts
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Potential risks of joint custody of pre-school child
Bortlíková, Kristina ; Šulová, Lenka (advisor) ; Šírová, Eva (referee)
The present bachelor's thesis deals with the possible risks of joint custody of preschool children. At the beginning there are some notes on family and the factors which can lead to its break-up. Then the three possible after-divorce arrangements which are allowed by the current legal regulation of the Czech Republic are defined and described. The core of the thesis is the chapter on joint custody, which describes its most frequently cited advantages and shortcomings which also presents previous research into this topic. The next chapter describes selected areas of the preschool period of child development, which are linked to the divorce of the parents, and to the pros and cons of joint custody. Emphasis is placed on the risks of this after-divorce arrangement, which should be taken into account by parents, as well as by courts. The final part of the thesis is the proposal for a research project in this field.
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The Alternative Custody from the Point of View of Social Work
PROKOPOVÁ, Andrea
This bachelor's thesis deals with the phenomenon of joint custody. Purpose of this work is to find out what experience social workers have with parents who file or already have a child in joint custody and what tools social work offers in the area of helping families with joint custody. One specific research question was chosen. With this question, we researched with which problems social workers meet at parents who file for joint custody. This bachelor's thesis consist of two parts, theoretical and practical. The family, breakdown of a family, authority of social-law protection of children and joint custody was described in the theoretical part. Practical part deals with the research which was done via aplication of qualitative research. Questioning method and semistructured interview were used in keeping with this strategy. Afterwards data was evaluated via tracing method. Particular codes were than assigned to the categories and inputted into the table. Research showed that social workers' experience are pretty much the same. They concur in many things and differ on the other ones. Most of the responses were aimed at a child who is taken as the most important aspect of a process od filing for joint custody. This bachelor's thesis can be used by people who are interested in the problemacy of joint custody and who want to know more about this phenomenon from social workers point of view.
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Legal Regulation of Alternating Care for a Child
MAŠKOVÁ, Eva
This bachelor thesis deals with the legislation of shared parenting. Its aim is to find out when the court prefers shared parenting and in which cases it decides to entrust a child only to a one-parent´s custody. The bachelor thesis is only theoretical and its individual parts are performed by deductive and analytic methods. It is divided into several chapters. The first one is focused on a historical development of shared parenting. The next chapter mentions links to current jurisdiction and important legal regulations that allocate the care for a child after the parents´ divorce. The third chapter is aimed at individual types of the child care - it distinguishes the shared, joint custody or separated care of one parent. The fourth chapter deals with the factors influencing shared parenting. These are, for example, the distance between the parents´ homes, intervals of taking the turns, the child´s attitudes and wishes or a parent´s agreement. The fifth chapter mentions foreign legislation and the last chapter provides the decision-making practice of Czech courts. The conclusion of the research processes questions concerning essential aspects of shared parenting as well as the benefits of court decisions in context with the child´s best interest; they are based on a discussion in this thesis. The discussion includes a comparison of individual authors´ opinions and the following comparison with the legal regulations.
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Parental separation and awarding custody of pre-school aged child
Krchová, Eva ; Šulová, Lenka (advisor) ; Šturma, Jaroslav (referee)
This thesis focuses on the topic of parental separation and awarding custody of pre-school and early-school aged children. In the theoretical part the specifics of each developmental stage and also of the mother's and father's role are described. In the following chapter the thesis focuses on the process of parental separation, its phases, causes and its influence on children. Also the most typical phenomenons and risks connected with this complicated situation are mentioned. Not to be forgotten, the legal side of the process is also included. The thesis contains empirical part, in which structured interviews with social workers were led, in order to map current trends, the most serious risks, the possibilities of different forms of custody and the role of psychologists in parental separation in the Czech environment. Key words: parental separation, awarding custody of child, pre-school age, early-school age, sole custody, joint custody
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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...
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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...
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Lone-parent families as a public policy problem: stakeholders' frame reflection and reframing
Hejzlarová, Eva ; Veselý, Arnošt (advisor) ; Krebs, Vojtěch (referee) ; Matoušek, Oldřich (referee) ; Žižková, Jana (referee)
The main theme of the work is finding an answer to the question why in the past years Czech Parliament has failed to enforce measures improving the quality of life of lone-parent families, and what could be done for these measures to be adopted. Theoretical support for answering both questions is provided by a) frame analysis (Schőn and Rein), which works with the idea of conflicting frames and bridging conflicts through reframing, and b) the theory of social construction of target groups (Schneider and Ingram). Based on an analysis of stenographic minutes from proceedings dealing with the issue of non-payment of child support (in particular with proposals for the state to pay child support first and then to receive it from the obligor) and the arrangements connected to child custody (in particular the proposal to strengthen alternating custody), conflicting frames are reconstructed (in the case of non-payment, there are three conflicting frames, in the case of child custody two). These conflicting frames, or rather the fact that they are insufficiently addressed, may be the cause of the incapacity of Czech political representation to address the above agenda. An "efficient penalizing of the debtor" is described as a possible reframing of the problem in the field of non-payment of child support....
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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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