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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...
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Proceedings in judicial care for minors with a focus on the matters of institutional care of a minor and other upbringing measures
Kadečková, Lucie ; Frintová, Dita (advisor) ; Vyskočilová, Silvia (referee)
Proceedings in judicial care for minors with a focus on the matters of institutional care of a minor and other upbringing measures Abstract The aim of this diploma thesis is to acquaint the reader with the regulation of proceedings in judicial care of minors, in which a child under fifteen years of age or a criminally irresponsible juvenile is imposed a measure pursuant to Act No. 218/2003 Coll. The Juvenile Justice Act, as amended, with all its specifics. Mainly focusing on the course of the entire proceedings from its beginning to its end and on protective care as one of the measures that is the most insensitive intervention in the life of the child to which it is imposed. The diploma thesis is divided into six chapters, in the first chapter there is an introduction to the topic with an explanation of some elementary terms. The following chapters discuss the various aspects of the proceedings, such as jurisdiction, with a focus on local jurisdiction and the transfer of jurisdiction, which is a typical institute for proceedings in judicial care for minors. In the third chapter, the work deals with interim measures that can be imposed both before and during the proceedings. This chapter also includes a short excursion into the procedure of the police authority and the public prosecutor before the initiation...
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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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