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The Routledge International Handbook of Shared Parenting and Best Interest of the Child



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ISBN 9780367691448
May 26, 2021 Forthcoming by Routledge
480 Pages 19 B/W Illustrations

 
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Book Description

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 of 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.

Table of Contents

Preface

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 Casemore

2. Shared Parenting: 12 Experts’ Exchange Views in Panel Discussions

Sanford L. Braver and Michel E. Lamb

3. Joint versus Sole Physical Custody: Which is Best for Children?

Linda Nielsen

4. Best Interest of the Child: "a" or "the" Primary Consideration? Thoughts about the Acceptability of a Rebuttable Presumption in Favour of Shared Parenting

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 a Child-Centred Custody Legislation

Martin Widrig

7. Rights and Guarantees of Unaccompanied Minors: Researching the Bets Interest 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 Conflicts — 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 of Children’s and Adults’ Health

Vittorio Carlo Vezzetti

Part II: Socioeconomic Profile of Shared Parenting

12. Legislation and Family: Divorce and Granting of Custody

Diego Becerril Ruiz and Jose Jimenez Cabello

13. Family Structure, Parental Practices and Child Subjective Well-being in Post-divorce Situations: The Case of Shared Parenting

Ana María López Narbona, Almudena Moreno Mínguez and Marta Ortega Gaspar

14. The Factors that Affect Judicial Decisions in Recolation Cases: Bridging the Gap between the Empirical Evidence and Socio-legal Practice

Yoav Mazeh

15. Shared Parenting vs. Recolation Disputes

María Dolores Cano Hurtado

16. Shared Parenting and Financial 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 Preventative of Parental Alienation

Edward Kruk

19. Shared Parenting and Politics: The Background of Equal Opportunities in the German Shared Parenting Context

Jorge Guerra González

20. Child Sexual Abuse, Parental Alienation Syndrome and Custody

Margarita Ortiz-Tallo and Marta Ferragut

21. Parental Alienation Syndrome and "Friendly Parent" Concept as Examples of Perversion of the System

Carmen R. Iglesias Martín

22. ECtHR-judgement: Compensation for "Parental Alienation". Analysis of European Court of Human Rights Judgement no. 23641/17 of 29th October 2019.

Hildegund Sünderhauf 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: Why a Legal Presumption for Shared Parenting Can Lead to De-escalation in Custody Disputes after Parental Separation and How it is Connected with the Success in (Mandatory) Mediation

Hildegund Sünderhauf-Kravets

25. Parenting Coordination as an Alternative Dispute Resolution System in 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. Joint Parenting Plan and Shared Parenting

Belén Casado Casado

Part V: Recent Evolution of Shared Parenting in a Comparative Scenario

28. Evolution in Recent Regulations on 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 Ignores for Divorced Affected 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. Some 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

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Editor(s)

Biography

Dr José Manuel de Torres Perea is Associate Professor of Civil Law at the University of Málaga, Spain, specializing in Family Law. He is the author of significant contributions on shared parenting and the best interests of the child in Spanish legal literature.

Dr Edward Kruk is Associate Professor of Social Work at the University of British Columbia, specializing 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).

Dr Margarita Ortiz-Tallo is a Clinical Psychologist and professor of Psychology at the University of Malaga (Spain) and has lectured in several countries. She has written numerous manuscripts published in scientific journals, several specialist books on psychopathology and books for the general public on different topics of psychology.