1st Edition

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

    500 Pages 19 B/W Illustrations
    by Routledge

    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


    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


    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


    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


    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


    José Manuel de Torres Perea, Edward Kruk and Martin Widrig



    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.