Child Custody Research Articles

International Research on the Problems of Children in Cases of Witnessing Domestic Violence

<p dir="ltr"><span>The research has the clear objective of highlighting possible psychophysical damage in minors as a result not of physical or sexual violence or physical neglect, but rather as a result of frequent parental quarrels, experienced by the children in a traumatic way (witnessing violence). The inspiration for the present research was provided by a further 20 recent cases observed in the course of as many civil proceedings on the subject of child custody with highly conflicting parental couples. The research shows how witnessed violence can constitute a significant risk factor in the psycho-physical development of the minor and how, as such, it deserves particular attention in the context of prevention and therapy of subjects who have experienced similar events. It follows that "the role of victim", in cases of domestic violence, is not only attributable to those who suffer the violent actions (one of the partners), but also to those (such as children), although not being the object of such violence, he is involved as a witness/observer. The research also deals with secondary and tertiary prevention activities. This paper will consider: Generalities on the subject of witnessing violence; Previous research on the harm resulting from witnessing domestic violence between parents; The most advanced prevention and treatment strategies; The classification of batterers and feminicides in the primary prevention of intra-family violence; The negative effects of witnessing violence in childhood and young adults: from the development of brain morphology to mental and behavioural disorders; Targeted research with encephalic Nuclear Magnetic Resonance with VBM (Voxed- Based Morphometry); Further research on the subject of witnessing violence; The substantial difference between PTSD and C-DPTS.</span></p><div><span><br /></span></div>

ANALISIS PUTUSAN PENGADIKAN AGAMA PEKANBARU NOMOR 2189/pdt.g./2022/PA.pbr. TENTANG HAK ASUH ANAK YANG BELUM MUMAYYIZ

This research was motivated by the decision of the Pekanbaru Religious Court judge regarding the custody of children who have not yet been mumayyiz by their father in Article 105 a jo Article 156 KHI which shows that there is a discrepancy with the compilation of Islamic law. Apart from that, the decision of the Pekanbaru Religious Court judge is also influenced by the legal sources used and considering the benefit of the child. Therefore, this research focuses on analyzing the PA decision Number 2189/Pdt.G/2022/PA.Pbr regarding custody of children who are not yet mumayyiz, the fundamental objective of this research is to analyze the PA decision Number 2189/Pdt.G /2022/PA.Pbr regarding custody of children who are not yet mumayyiz, where the method used in this research is qualitative in the form of normative juridical research, in this case namely the Compilation of Islamic Law, the data collection method is through literature study, while the data analysis technique is through study analysis, presenting it as a fact that can be drawn as a conclusion. From the results of the research conducted by the author, it can be concluded that religious court judges in deciding a case are not only based on the applicable formal law. In this case, a young child still does not know what is good for him, the child still needs the presence of other people to help handle his affairs and provide care for him, namely by bestowing goodness and preventing him from dangers, the panel of judges in deciding decision Number 2189/Pdt.G/2022/PA.Pbr is in the interests of the child himself, because the child has a closer emotional relationship with the father, and the father has the ability and ability to care for the child, so in this case the father He is indeed more entitled to receive custody.

ARBITRASE DALAM SENGKETA HAK ASUH ANAK DI INDONESIA: SOLUSI BERBASIS KEADILAN DAN KEPENTINGAN ANAK

Child custody disputes are complex issues in family law that often involve emotional and procedural conflicts between parents. In the Indonesian context, traditional litigation often lacks attention to the principle of the best interests of the child, as stipulated in Law No. 23/2002 on Child Protection. This study aims to analyze the urgency of implementing arbitration as an alternative to child custody dispute resolution. Using a normative legal approach, this study evaluates regulations related to arbitration, the principles of justice, and the best interests of the child, and compares similar practices in various countries. The data is analyzed qualitatively through legal inventory and synchronization between regulations. The results show that arbitration offers a more flexible, efficient and child welfare-oriented solution compared to litigation. Arbitration allows for faster decision-making, maintains the privacy of the parties involved, and provides space for the participation of the child

Application of Mixed Methods in Childhood Trauma Research: A Study Example of Divorce-Related Trauma Research from India

Background: The use of mixed methods research (MMR) has become progressively important in the field of behavioral and social sciences. This article makes an argument for the combination of quantitative and qualitative methods in the study of childhood trauma. It focuses on the role of MMR in effectively exploring the traumatic life experiences and narratives of children and adolescents. Methods: The mixed method approach is beneficial for multi-dimensional research strategies, thereby surpassing the quantitative-qualitative divide. We also discuss the key characteristics of the mixed methods approach applicable to these behavioral studies. Results: This article concludes with a study example from the author’s MMR-driven doctoral research on the topic of divorce-related child custody issues in India. Conclusion: The implications for MMR use in future childhood trauma research are discussed.

Joint physical custody and mothers’ life satisfaction in Belgium, Finland, and Germany

ABSTRACT Joint physical custody (JPC) is an increasingly common care arrangement in which children live about equally with their parents after separation or divorce. This study examined the association between JPC and mothers’ life satisfaction in Belgium, Finland, and Germany. The objective was to determine whether mothers with (asymmetric or symmetric) JPC differed in terms of life satisfaction from mothers with sole physical custody (SPC) and whether there were country-specific differences. Using data from the studies Divorce in Flanders, Survey among Separated Families in Finland, and Family Models in Germany, we estimated OLS regression models for resident mothers in SPC and JPC families with minor children. Results showed significant differences between countries. Mothers in Belgium did not differ in terms of life satisfaction depending on their child’s physical custody arrangement. However, mothers with symmetric JPC had higher life satisfaction than their counterparts with SPC in the Finnish sample, while both asymmetric and symmetric JPC mothers reported higher life satisfaction than SPC mothers in Germany. These differences, however, disappeared after introducing control variables to the regression models. Findings suggest that selection into different physical custody arrangements may explain the positive link between JPC and mothers’ life satisfaction; a finding with far-reaching implications.

Equal Placement between choice and imposition

Parental separation can profoundly impact children, emphasizing the necessity to prioritize their holistic well-being. Physical joint custody, promoting equal or similar time with both parents, has gained traction based on international research. However, it's debated whether dual residence always meets children's best interests. Our systematic review from 2000 onwards, drawing from PubMed, Scopus, and various legal and psychological associations, explores this issue. Research suggests that predominantly placing children with one parent, with tailored visitation schedules aligned with their psychological, physiological, and situational needs, may better serve their welfare. Advocates argue that equal time arrangements can disrupt the stability crucial for healthy child development, despite increasing court and international support. This study seeks to inform custody decisions that prioritize children's needs over adult preferences, advocating for nuanced custody and visitation redefinitions in legal frameworks. The goal is to safeguard children during separations by focusing on their well-being above all else.

ALIENATION SYNDROME AND FALSE MEMORIES IN THE CONTEXT OF PSYCHOLOGY AND LAW: A literature review

The aim of this paper is to present the relationship between false memories and Parental Alienation Syndrome, using psychology and law as relevant premises to support the context of the subject. To this end, the methodology used was a literature review, as a way of gathering information on the subject. The theme was developed by selecting papers from electronic journal platforms, as well as complementary research sources such as books and laws. After reading the material, content analysis was undertaken, resulting in the creation of four categories as a way of facilitating understanding and development of the theme. The categories created were: custody disputes, false accusations of sexual abuse, psychological damage and psychological assessment. The results found show us the false memories have a direct influence on Parental Alienation Syndrome, as the alienator uses false information and distortions of untrue facts as a way of demoralizing the alienated person, such as accusations of sexual abuse. In this way, we can see how necessary the intervention of the judiciary and the expert psychologist is, who will carry out an accurate psychological assessment, with the aim of supporting the judge in making a decision that will safeguard the rights of the child or adolescent, especially the right to family life and avoid damage to their healthy development.

THE UNDERHAND DIVORCE AND ITS IMPACTS ON CHILD CUSTODY ACCORDING TO ISLAMIC LAW AND POSITIVE LAW

This research examines a. How does the underhand divorce and its impact on child custody in Seginim Subdistrict, South Bengkulu Regency? b. What are the factors leading to underhand divorces and its impact on child custody in Seginim Subdistrict, South Bengkulu Regency? c. How do underhand divorces and its impact on child custody in Seginim Subdistrict, South Bengkulu Regency, align with Islamic Law and Positive Law in Indonesia? This study employs an empirical legal research method. It uses a qualitative approach by determining the research location and informants through in-depth interviews, followed by analysis using a juridical-qualitative method. The research findings are: 1. The underhand divorce is driven by economic reasons and the complexity of legal processes considered burdensome and expensive. This includes cases where the husband leaves the household or infidelity occurs, forcing couples to choose underhand means to end the marriage. The impact of such divorces in Seginim includes injustices related to iddah as waiting period and hadanah support for ex-wives and children. Many do not fully receive these rights post-divorce, worsening their financial and social conditions. 2. Factors leading to underhand divorces in Seginim Subdistrict, South Bengkulu Regency, and its impact on child custody, as follows: Traditional Practices: Underhand divorces have been a long-standing custom in Seginim society. Although Islamic law considers such divorces valid, the state does not recognize them. Lack of Legal Awareness: The people of Seginim often do not understand or do not care about national legal regulations regarding divorce. Personal Issues and Economic Constraints: Divorce is often viewed as a stigma, leading to it being carried out quietly. Impact on Child Custody: The unofficial divorce process can negatively affect child custody arrangements. 3. Underhand divorce affects not only the legal status of the spouses but also significantly impacts child custody. Under both Islamic law and Indonesian positive law, divorces that do not go through the court can result in legal uncertainty that negatively affects children's rights, such as financial support and custody rights. Therefore, it is crucial for divorcing couples to undergo the divorce process through the court to ensure legal certainty and protection of children's rights. Keywords: Divorce, Underhand, Child

"We Were Just so Sad and Devastated": NICU Nurses' Stories of Caring for Families With Substance-Exposed Pregnancies.

This secondary analysis re-examined stories of caregiving told by NICU nurses in the southeast US through a trauma theory lens expanding on research surrounding substance-exposed pregnancies. Narrative analysis identified distress-related experiences of nurses related to child custody decisions and outcomes, suggesting traumatic stress within this caregiving dynamic. Four distinct story types and three themes were identified across 23 stories, highlighting similarities and differences and illustrating how distress and trauma were experienced and may be manifested in care practices. Study findings suggest cumulative and residual effects from traumatic experiences can impact NICU nurses' well-being and care provision, in part by promoting anticipatory trauma. The role of relationship-building with families, as part of family-centered care, was also implicated in the intensity of distressful experiences and may increase nurses' vulnerability to trauma as well as create pathways to stigmatizing interactions. Incorporating principles of relational ethics into nurse practice guidelines, while recognizing how care work can influence and be influenced by the potential pathways from trauma to stigma, may provide valuable support for nurses. The application of such a framework could potentially reduce distressing and/or traumatic experiences for nurses caring for families with a substance-exposed pregnancy.

Korelasi Hukum Hak Asuh Lansia dalam Tradisi Sunda dan Islam

This study aims to provide input related to the plan to change Law no. 13 of 1998. The number of elderly people is increasing day by day, it is necessary to make revisions in order to realize prosperity. Lanisa with her limitations is a human being who has the same position and degree and must be protected and given welfare. Through the discussion method to provide input on the revised plan, it focuses more on the approach of local wisdom and religious teachings. The value of local wisdom chosen is the Sundanese tradition in the custody of the elderly, the religion chosen is Islam. However, he does not deny other traditions and teachings to study them as an effort to provide input for the welfare of the elderly. In the Sundanese tradition and Islamic teachings there are indeed differences in parental custody, the location of these differences is not substantial. However, to get an understanding of custody of the elderly, a solution must be found first in order to avoid the perception of custody which is always identified with custody of children. The essence of both lies in the race to take care of and respect parents regardless of whether it is a boy or a girl.

Responsiveness Family Law Reform in Indonesia and Tunisia (Study of Post-Divorce Child Custody

This study aims to explain the development of understanding of child custody after divorce, describe an overview of the provisions of child custody after divorce in Indonesia and Tunisia, explain the importance of applying the best interest of the child in post-divorce child custody decisions, and finally assess the responsiveness of child custody provisions after divorce in Indonesia and Tunisia. This research is a qualitative research, with a normative juridical approach. The main sources of data for this research are Law Number 1 of 1974 concerning Marriage jo. Law Number 16 of 2019, Compilation of Islamic Law and Code of Personal Status (CPS). Family law reform in Tunisia is more progressive in ensuring the law is responsive to social change and children's needs. On the other hand, Indonesia still faces challenges in integrating traditional values with modern legal principles. Both countries have the potential to learn from each other, especially in creating a more equitable and child-oriented legal system after divorce. Both countries offer flexibility in addressing social contexts, relationships between children and parents, and emotional needs. However, implementation varies between the two countries. Islamic law in Indonesia strongly influences child protection, while Tunisia's CPS reforms in the year focused on gender equality.

Protecting the Vulnerable: Child Custody Adjudication in Domestic Violence Cases in Banyuwangi Religious Court

Domestic Violence (KDRT), which also often causes child custody disputes between two parents, is one of the many factors in divorce. Judges must consider the value of justice for each party when they decide a case. Building clear standards in assessing justice and dealing with social problems in the legal realm is difficult, especially when problems continue to arise in society, especially regarding child custody after divorce due to domestic violence. The method used in this research is empirical legal research, using legislative, conceptual, and legal psychology approaches. The results of this research are that the judge uses legal interpretation and legal principles based on Law Number 23 of 2002 article 2 letter b concerning Child Protection where" the appropriate hadhanah must be based on the child's interests and by with the case being handled. If the father is at fault here then the judge must also refer to the provisions of KHI Article 105 where the custody of a child who has not yet mumayyiz will fall into the hands of the mother by using the civil law principle of proof (burden of proof), judges sometimes face external obstacles in the form of community participation in providing testimony regarding facts in the field, but if the facts and If the required evidence exists and all the interests of the child have been considered, the determination will be easier without any legal constraints or obstacles.

Mediation Agreement in A Contested Divorce Case in Cibinong District Court

This research aims to analyze the consideration of amicable agreements in the mediation process in cases of contested divorce at the Cibinong District Court and identify the factors that influence the success and failure of mediation. As an alternative dispute resolution method, mediation has a strategic role in creating more humane and sustainable solutions. The results showed that amicable agreements in mediation are based on the principles of justice and benefit, which provide solutions more quickly, flexibly, and reduce emotional conflict compared to the litigation process. Mediation is an effective alternative for resolving disputes in divorce cases, especially regarding sensitive issues such as child custody and division of joint property. The success of mediation is influenced by several key factors, including the willingness of both parties to compromise, the competence of the mediator, and a conducive mediation atmosphere. The professionalism of the mediator is crucial to the success of this process, as they act as a neutral facilitator who helps the parties find a common solution. On the other hand, mediation failure is often caused by high emotional conflict, distrust, lack of commitment to resolve the dispute, and the absence of one of the parties. This study concludes that mediation can be an effective instrument in resolving divorce cases when supported by good communication, the commitment of the parties, and the support of a professional mediator. These findings make an important contribution to understanding the importance of strengthening the mediation process to improve the efficiency of the justice system and reduce the negative impact of divorce.

HAMKA’s Interpretation on Interfaith Marriage: Its Relevance in Malaysia

The paper seeks to examine the relevance of HAMKA’s discourse on interfaith marriage in the context of present Malaysia. Interfaith marriage is one of the contributing factors to the increment of apostasy rate in Malaysia. HAMKA or Haji Abdul Malik Karim Amrullah (1908-1981) based his views on the issue of interfaith marriage on the Quranic source of law, the opinions of four major schools of jurisprudence and his personal experiences. In general, HAMKA stands on the view that prohibits interfaith marriage which he emphasizes on the strength of faith. The significance of this study lies in exhibiting the implications of interfaith marriage deliberated by HAMKA in his Tafsīr al-Azhar – apostasy and unclear religious belief. From his interpretation, it could be used to generate insights among Muslims towards the implications of interfaith marriage. In this sense, he highlighted the negative effects of such marriage on the problem of faith. HAMKA’s explicit rejection of such marriages is grounded in faith, particularly regarding the religious status of the child following the parents’ divorce and the implications for child custody. In deriving such discussions, the study embarks on qualitative research that utilizes primary and secondary sources. Descriptive and critical analysis are the main methods for analyzing the data collected and implemented across the study.

Women with disabilities and the loss of custody of their children: “Carers, but not mothers”

Historically, the motherhood of women with disabilities has been questioned due to negative representations surrounding it. It is assumed that women with disabilities cannot be mothers and, when they are, their capacity to care for their children is called into doubt. According to international literature, women with disabilities are more susceptible to losing the custody of their children. However, in Chile, there is scant evidence about this. Using the paradigm of situated feminist epistemologies, this paper analyzes the experiences of three Chilean mothers with disabilities who have faced judicial processes regarding their children's custody. Three dimensions emerged from the thematic analysis: (a) The role of carers under tension: “Carers, but not mothers!”; (b) The absence of support and reasonable accommodations: The institutional debt; and (c) The influence of ableism on custody processes. The findings reveal a series of adversities that women with disabilities must overcome to demonstrate their fitness as mothers. Institutional ableism hampers due process in cases about the custody of their children. As long as appropriate support is provided and the disabling view is transformed, mothers with disabilities can provide the care and parenting their children require.

The Increase of Child Labour in Nigeria: Legal Custody of Victim by the Nigerian Government as a Panacea

It is apt to state that there are numerous rights and obligations guardians or parents owe to their children or children in their custody. Although several laws seem to secure the right of children against child labour in Nigeria, however, it has been observed that there has been a recurrent increase in child labour, which is becoming a major challenge truncating the features of most children. In this regard, this study adopts a hybrid method of research in ascertaining if the Nigerian government takes custody of a child experiencing child labour could aid in curtailing the major challenge of child labour. In this regard, the study employs an online questionnaire sent to 307 respondents who reside in Nigeria. The study, therefore, found that, though several international and local laws tend to discourage child labour in Nigeria, there is still an increase in child labour. The study further found that several factors are often the root causes of child labour, and third-party custody of children suffering from child labour is a better solution. The study, therefore, concluded and recommended that to curb the major challenge of child labour, the Nigerian government needs to take a proactive step in assuming custody of children experiencing child labour. Hence, this study contributes to knowledge by determining if third-party custody is a possible consideration by the Nigerian government in legal-social intervention regarding diminished child labour and enforcing gaps left in existing child protection structures.

Legal Protection Against Child Custody Abandonment Due To Divorce

Abstract Introduction to the Problem: The urgency in this research is that many problems arise due to the divorce of parents of children under the age of custody will be given to the mother but mostly after the divorce the father does not provide for his child after the issuance of the divorce. seen from the many cases the government must make a policy for divorced parents the child still gets the nafkah and attention of both parents. Purpose/Study Objectives: The purpose of this research is to see the protection that can be given to the neglect of child custody from divorce. many problems arise in society, one of the parents neglects their children and results in neglected children and does not provide for children for their lives. this is the responsibility of parents in caring for their children. Design/Methodology/Approach: The type of research used in this writing is normative law. The approach used is the statutory approach model and conceptual approach. Findings: In practice what the author encounters is that many parents after the issuance of a divorce the child will become a victim and underage children will especially be given custody of their mother and their father does not provide for the child, sometimes the mother also goes to look for a living to make a living and leaves the child to the mother's parents and here the parents, namely the father, do not exercise their right to provide for the child until they can be independent. Paper Type: Research Article

Barriers to Child Support After Divorce: A Legal Review in the Indonesian Context

Child support is one of the legal issues that arise after divorce. Although the law clearly states that child support is a shared responsibility post-divorce, it is not always guaranteed that child support will be fulfilled in accordance with court rulings and applicable laws. One issue that may occur is when the ex-wife obstructs the ex-husband from fulfilling his obligation to provide child support, even denying him access to meet his child. This research aims to describe the views of Civil Law Experts on the obstruction of ex-husbands in providing child support and to explain the legal remedies available for ex-husbands when ex-wives obstruct child support obligations. This research falls under the category of empirical juridical research with a sociological approach. The data sources were obtained through interviews with Islamic Civil Law Experts and supported by relevant laws and literature. The findings of this research indicate that the actions of an ex-wife obstructing the ex-husband from providing child support are not justified, as there is no detailed regulation allowing such obstruction unless it causes harm to the child. The legal recourse available to the ex-husband when his child support obligations are obstructed after divorce is to file a lawsuit for child custody, as stipulated in SEMA No. 1 of 2017.

Determination of the Best Principles for Children in Divorce Cases: A Legal Analysis of the Cibinong Religious Court Decision Number 1042/Pdt.G/2019

The purpose of this study is to determine the best principles for children in determining child custody, as well as to determine the legal considerations decided by the judge in determining child custody. This study is motivated by the number of divorce cases in Indonesia and the many children who become victims of conflict or parents. This study focuses on examining the best interests of children and legal considerations for judges in determining child custody arrangements due to divorce. This study uses a normative legal method with a case approach (Case Approach) and a statutory approach (Statute Approach), as well as library research data collection techniques. Custody is in line with the basic principles in Indonesian state regulations, namely the principle of the best interests of children. The results of this study indicate the provisions of Article 105 and Article 156 of the Compilation of Islamic Law. Article 105 of the Compilation of Islamic Law, explains that the provisions of the law on child custody which automatically grant custody to the mother, must be interpreted contextually. The main parameter that must be used as a reference is the best interests of the child. If the best interests of the child are not realized, then Article 105 of the Compilation of Islamic Law must be set aside and the judge must be guided by the best interests of the child. Although Article 105 of the Compilation of Islamic Law grants custody to the mother, the panel of judges also considers the father's ability and readiness to care for the child. The panel of judges decided to divide custody proportionally. For younger children, who still need intensive attention, custody is given to the mother. However, for older children, who are more emotionally stable, custody is given to the father. The panel of judges considered that this was the best solution to ensure the welfare of both children.

Juridical Analysis of the Determination of Child Custody in Dual Citizenship Divorce Cases: A Case Study of Supreme Court Decision No. 2021 K/Pdt/2020

The determination of child custody in divorce cases involving dual citizens is a complex issue that requires special attention to Indonesian legal jurisdiction. This study analyzes how Indonesian legal jurisdiction is applied in determining child custody in divorce cases involving couples of different nationalities, based on the Marriage Law No. 1 of 1974 and related international regulations. The case study of the Supreme Court Decision No. 2021 K/Pdt/2020 was also studied to understand the factors considered in decisions related to child custody. The main factors that the Supreme Court considers include the psychological and emotional well-being of the child, the financial ability of the parents, the relationship between the child and the parents, as well as the residence and nationality of the child. The results of the study show that custody decisions are always aimed at the best interests of the child, taking into account relevant national and international legal aspects.