1st Edition
The Routledge International Handbook of Shared Parenting and Best Interest of the Child
This multidisciplinary volume offers an essential, comprehensive study of perspectives on the scope and application of the best interests of the child and focuses mainly on its application in relation to child custody.
With expert contributions from psychological, sociological and legal perspectives, it offers scientific analysis and debate on whether it should be the primary consideration in deciding child custody cases in cases of divorce or separation or whether it should be one of several primary considerations. It explores complex dilemmas inherent in shared parenting and whether the advantages it offers children are sufficient when compared to attributing custody to one parent and limiting visitation rights of the other. Offering a comprehensive analysis of this complex topic, chapters provide detailed insight into the current state of research in this area, as well as expert guidelines aimed at resolving the controversies when parents agree or disagree over their children’s living arrangements. Cutting-edge topics explored include: transnational shared parenting; alternative dispute resolution; breastfeeding parents; religious disputes between parents and the psychological, social and economic factors that affect shared parenting.
The Routledge International Handbook of Shared Parenting and Best Interest of the Child will be essential reading for scholars and graduate students in law, psychology, sociology and economics interested in shared parenting and family law.
List of contributors
Preface by José Manuel de Torres Perea, Edward Kruk and Margarita Ortiz- Tallo
Introduction
José Manuel de Torres Perea and Martin Widrig
PART I
Best interest of the child and shared parenting
1 Children’s experiences of shared care
Patrick Parkinson and Judith Cashmore
2 Shared parenting: Twelve experts exchange views in panel discussions 27
Michael E. Lamb and Sanford L. Braver
3 Joint versus sole physical custody: Which is best for children?
Linda Nielsen
4 Best interest of the child: “A” or “the” primary consideration?
José Manuel de Torres Perea
5 Does joint physical custody “cause” children’s better outcomes?
Sanford L. Braver and Ashley M. Votruba
6 When children’s rights are undermined in the name of the ‘best interests of the child’: Switzerland’s long road to
child- centred custody legislation
Martin Widrig
7 Rights and guarantees of unaccompanied minors: Researching the best interest of the child principle in the Spanish welfare state
Elena Avilés Hernández
8 The right of parents to ensure the religious and moral education of their children: Parental confl icts— an analysis of Spanish case law
Rosa García Vilardell
9 The best interests of the child in shared parenting judgments according to Spanish law
Elena Goñi Huarte
10 Informational physiology of individual development
Peter Beyerlein
11 Shared parenting as a protective factor in children’s and adults’ health
Vittorio Carlo Vezzetti
PART II
Socioeconomic profi le of shared parenting
12 Legislation and family: Divorce and granting of custody
Diego Becerril Ruíz and José Manuel Jiménez- Cabello
13 Family structure, parental practices, and child wellbeing in post- divorce situations: The case of shared parenting
Ana María Ló p ez Narbona, Almudena Moreno Mínguez and Marta Ortega Gaspar
14 Factors that aff ect judicial decisions in relocation cases: Bridging the gap between the empirical evidence and
socio- legal practice
Yoav Mazeh
15 Shared parenting versus relocation disputes
María Dolores Cano Hurtado
16 Shared parenting and fi nancial interests
Jesús Martín Fuster
17 Having additional children: Should the state regulate family relations?
Yoav Mazeh
PART III
Shared parenting and parental alienation
18 Shared parenting as preventive of parental alienation
Edward Kruk
19 Shared parenting and politics: Background of equal opportunities in the German context
Jorge Guerra González
20 Child sexual abuse, parental alienation syndrome and custody
Margarita Ortiz- Tallo and Marta Ferragut
21 Parental alienation syndrome and the ‘friendly parent’ concept as examples of perversion of the system
Carmen R. Iglesias Martín
22 Compensation for “parental alienation”: Analysis of ECtHR Judgement 23641/ 17
Hildegund Sünderhauf- Kravets and Martin Widrig
23 The Cooperative Parenting Triangle: A tool to help divorced parents
Päivi Hietanen
PART IV
Alternative dispute resolution on shared parenting and joint parenting plan
24 Mandatory mediation and legal presumption for shared parenting
Hildegund Sünderhauf- Kravets
25 Parenting coordination as an alternative dispute resolution system in Spanish family law
Yolanda De Lucchi López- Tapia
26 PIFE – an intervention aimed at restoring the parent– child bond ruptured by acute separation conflict or parental alienation
Celia Lillo
27 Co- responsibility plan and shared parenting
Belén Casado Casado
PART V
Recent evolution of shared parenting in a comparative scenario
28 Recent developments in shared parenting in Western countries
José Manuel de Torres Perea
29 What happens when there is presumptive 50/ 50 parenting time? An evaluation of Arizona’s new child custody statute
William V. Fabricius, Michael Aaron, Faren R. Akins, John J. Assini and Tracy McElroy
30 The best interests of the child and parental authority in Philippine family law
Ryan Jeremiah Donato Quan and Blesscille V. Guerra- Termulo
31 Meeting their parents: A right always ignored for divorce- aff ected minors
Fahad Ahmad Siddiqi
32 The best interest of the child in the case law of the Spanish Supreme Court
José Manuel Martín Fuster
33 Divorce and loss of paternal contact: A perspective from Norway
Eivind Meland
34 Trying to put shared parenting into Scottish law
Ian Maxwell
35 Features of joint custody and shared parenting in Slovakia
Dagmar Kopčanová
36 The merits of the “Zaunegger approach” of the European Court of Human Rights
Martin Widrig
Conclusion
José Manuel de Torres Perea, Edward Kruk and Martin Widrig
Index
Biography
José Manuel de Torres Perea is Associate Professor of Civil Law at the University of Málaga, Spain, specialising in Family Law. He is the author of significant contributions on shared parenting and the best interests of the child in Spanish legal literature.
Edward Kruk is Associate Professor of Social Work at the University of British Columbia, specialising in child and family policy. He has published extensively on shared parental responsibility, child custody determination, parental alienation, family mediation and the role of fathers in child development. He is the inaugural president of the International Council on Shared Parenting (ICSP).
Margarita Ortiz-Tallo is a Clinical Psychologist and Professor of Psychology at the University of Málaga, Spain, and has lectured in several countries. She has written numerous articles published in scientific journals, several specialist books on psychopathology and books for the general public on different psychological subjects.
