Text

E-book Children in Custody Disputes : Matching Legal Proceedings to Problems

---

Penilaian

---

he aim of this anthology is to explore how such legal proceedings in, and out-of-court, can be matched with the complex problems that are both caused by, and underlie such disputes. The anthology draws specif-ically on Nordic experiences of resolving custody disputes. However, the challenges are not unique to the Nordic legal systems: they exist across the world in various legal systems. The twentieth century represented a paradigm shift in terms of how the interests and perspectives of the child are conceptualized in society at large. This ideological transformation is reflected in the UN Conven-tion on the Rights of the Child (CRC), adopted by the UN General Assembly in November 1989. Today, the CRC is the most widely rati-fied human-rights treaty; it is part of a ‘globalization of childhood’ in the sense that it features an understanding of childhood, what a child is, and is presented as universal.5 Since its adoption, the CRC has influ-enced custody-dispute legislation and practice on a global level.6 The general principles of the best interests of the child (Article 3) and the right to participation (Article 12) play a prominent role in child custody conflicts. Article 3—pivotal to the whole convention—provides a general standard which underpins the rights set out in subsequent articles. The concept of the child’s best interests is aimed at ensuring a holistic devel-opment of the child and embraces the child’s physical, mental, spiritual, moral, psychological, and social development.7 Beyond being a substantive right, Article 3 is to be understood as a rule of procedure; assessing and determining the best interests of the child requires procedural guarantees. Therefore, applying the principle also sets a standard for a legal proceeding and requires, for example, a qualitative and individualized investigation of all relevant elements, if possible, by a multi-professional team—including the child’s own view.8 The importance of hearing the child and including the child’s view is also covered by Article 12 and requires that the child is given the oppor-tunity to express their views with respect to all matters that affect them, and the decision-maker must consider the child’s view in accordance with their age and maturity.9 The CRC thus sets certain standards for a legal proceeding concerning the best interests of the child and therefore also for custody dispute proceedings. However, it does not directly address custody-dispute proceedings; nor does the Committee on the Rights of the Child pursue the subject in more depth in its general comments.

---

Ketersediaan

Informasi Detail

Judul Seri

-

No. Panggil

344.03 BAR c

Penerbit

Switzerland : Springer Nature., 2024

Deskripsi Fisik

229 hlm

Bahasa

English

ISBN/ISSN

9783031463013

Klasifikasi

344.03

Tipe Isi

text

Tipe Media

computer

Tipe Pembawa

online resource

Edisi

-

Subjek

Social Service Law

Info Detail Spesifik

-

Pernyataan Tanggungjawab

-

Versi lain/terkait

Lampiran Berkas

Komentar

---

Anda harus masuk sebelum memberikan komentar