Shared Parenting Research Articles

O AFETO FAMILIAR E AS IMPLICAÇÕES DA GUARDA COMPARTILHADA: UMA ANÁLISE JURISPRUDENCIAL DO TRIBUNAL DE JUSTIÇA DO ESTADO DE RONDÔNIA

This article aimed to analyze how the Court of Justice of the State of Rondônia considers family affection and the implications of shared custody in its judicial decisions. Thus, it is understood that this topic holds significant relevance within the contemporary legal context, especially when examined through the lens of the jurisprudence of the Court of Justice of the State of Rondônia. Shared custody, as a legal institution, offers an approach that aims to prioritize the emotional well-being and development of children by ensuring they maintain close ties with both parents after separation. The methodology used was qualitative, descriptive, bibliographic, and documentary, focusing on the role of the Judiciary in matters involving shared custody of children and adolescents. This research will thus contribute to a more detailed understanding of the implications of shared custody on family affection, which will enable the formulation of more effective public policies and legal practices. By analyzing the jurisprudence of the Court of Justice of the State of Rondônia, it is expected to identify patterns, challenges, and best practices that may be used to enhance the implementation of shared custody, fostering a more balanced and healthy family environment for children .

Whom to turn to? The association between childhood living arrangement and the parent-child relationship

Objective: First, the study examines if children’s perception of their parent-child relationship is associated with parental separation and second, it investigates if children’s perception of their relationship with parents is associated with their living arrangements post-separation. Background: Previous findings indicate that children living in shared residence generally fare better across several life domains compared to children living in sole parental households. There is, however, limited knowledge of how children perceive their relationships with both their separated parents during childhood. Method: The data includes two cross-sectional waves (2000 and 2010) of the child survey (Child-LNU) that accompanies the Swedish Level-of-Living Survey (LNU). The analytical sample consisted of 2,064 children (10-18 years), and the subsample of separated families comprised 455 children. Results: Children in separated families were less likely to turn to both parents when worried (emotional support) compared to children living with two custodial parents in the same household. Additionally, they were less likely to report that they get along very well with both parents. Children in shared residence arrangements did not differ significantly from children in households with two custodial parents, with the exception of older children (age 14-18), who also reported less often that they get on very well with both parents. In contrast, children in sole parental residence fared worse regarding both emotional support from, and relationship quality with, both parents. Conclusion: Shared residence enables children to maintain a relationship with both parents after separation, regarding both emotional support and relationship quality. This result is on par with the parental relationships of children in households with two custodial parents. Importantly, this study does not claim to provide causal interpretation due to the use of cross-sectional data.

The repeal of Australia’s problematic family law presumption (and other amendments): cautiously welcomed – but what has been lost?

ABSTRACT Felicity Kaganas was intrigued by the legal concept of presumptions. She explored the presumption in the family law of England and Wales before and after its introduction in 2014. The presumption which began operating in the Australian Family Law Act 1975 (FLA) in 2006 stated that ‘equal shared parental responsibility’ (‘joint legal custody’ or guardianship) is in the best interests of children and created a legislative link between the making of such an order to shared parenting time orders. Many subsequent reviews of the FLA recommended amending the presumption, if not repealing it, but no changes were made. Meantime in England and Wales a less intrusive presumption was introduced, together with a Practice Direction intended to limit its over-use. Then in 2023 major changes to the FLA in Australia were introduced, including repealing the presumption. They became operative in May 2024. This article explores their potential to better protect parents and children who have experienced family violence. It also examines the potential consequences of the repeal of sections that provided guideposts when making shared care orders and others that rendered the past caring for children relevant. These losses could be detrimental to mothers and children who have lived with domestic and family violence or abuse.

Taking shared parenting seriously: a comparative study of how family policies accommodate shared physical custody in post-separation households

Shared physical custody (SPC) is a care arrangement following parental separation, whereby children alternatively reside with their mother and father. Very little is known about how family policies accommodate SPC, which is all the more unfortunate, as it represents a key opportunity to understand how family policies can efficiently facilitate shared parenting. To address this gap, this article presents a modest attempt at designing a new comparative family policy approach that considers SPC arrangements, by examining the extent to which Belgian, French and Italian family policies accommodate a more equal sharing of parenting post-divorce. In so doing, we encourage studies of defamilialization to take better account of the diversity of contemporary family forms. The theoretical section traces back key feminist debates around defamilialization and proposes to consider SPC arrangements as an ‘atypical’ family configuration that best illustrates contemporary tensions around defamilialization and gender equality. It also takes stock of the few studies of family policy and SPC to highlight key issues at stake. The analysis section starts with the main characteristics of the family law, welfare regime and family policies of the three countries. Then, we examine a selection of emblematic and national-level family policies from the following areas: (1) Family benefits; (2) Financial support to access to services; and (3) Tax measures. Our comparison focuses on three main criteria: scope; entitlement; and shareability of benefits between parents in the context of SPC. Our analysis reveals the variety of approaches to SPC in family polices across countries and policy areas, and the significant lack of support for a more equitable distribution of parenting within SPC. We conclude by highlighting the usefulness of taking SPC into account in reflecting on and evaluating the implementation of defamilialization policies, and by identifying some of the challenges to be met by future research.

Gender discrimination in Swedish family courts: A quantitative vignette study.

Gender discrimination of women is often emphasized in work contexts, whereas less focus is on how men are discriminated against in social relationships. Gender discrimination in decisions of family relations, is essential to study as the contact between parent and child is commonly viewed as the most important relationship in people's life, as well as being the most important aspect of our life. Following separations, decisions on custody disputes are made by social workers. The purpose of this paper is to study gender discrimination in such decisions. Participants were instructed to give a recommendation of shared parenting based on a custody case vinjett, where we manipulate the gender of the risk parent. The participants' recommendation of living was mainly dependent on the risk parent's gender, where the mother was considerably more likely to receive shared custody than the father. Professional social workers show selective gender discrimination against fathers in terms of living recommendations.

AS DECISÕES DOS TRIBUNAIS E POSSÍVEIS SOLUÇÕES À GUARDA COMPARTILHADA EM CASOS DE VIOLÊNCIA DOMÉSTICA

This article analyzes how the issue of shared custody in cases of domestic violence has been approached and decided by Brazilian courts. The study covers legislation, doctrine and jurisprudence to understand the practical application of the relevant laws. The Civil Code of 2002 and Law 13,058/2014, which establish shared custody as a rule, are discussed, but the recent Law 14,713/2023 significantly changed the rules, prohibiting shared custody in cases of domestic violence. Historically, Brazilian civil legislation has always prioritized the protection of minors, establishing that custody can be unilateral or shared. Shared custody, where both parents have equal responsibilities and rights, was the general rule, except in specific cases such as domestic violence, where the law previously allowed sole custody when justified. With the introduction of Law 14,713/2023, shared custody was prohibited in situations of domestic violence. This legislative change aims to protect children and victims of violence, ensuring that the aggressor cannot have joint custody. The article cites court decisions that confirm the prevalence of shared custody as a general rule and exceptions in cases of violence. In summary, Law 14,713/2023 represents a significant advance by prohibiting shared custody in cases of domestic violence, reflecting the need to protect victims and guarantee the safety of children. The article concludes that, despite improvements, there are still challenges in applying and raising awareness of legal changes.

GUARDA COMPARTILHADA: HISTÓRICO E PREVISÃO LEGAL

Shared custody has gained increasing relevance in the Brazilian legal landscape as a mechanism to promote balanced and healthy interaction between parents and children after the dissolution of the marital union. This article analyzes the historical evolution and legal framework of shared custody in Brazil, with an emphasis on Article 1584 of Law No. 10,406/2002, amended by Law No. 11,698/2008, which establishes guidelines for the implementation of this custody model. The study addresses the historical context and the legislative motivation behind the implementation of shared custody, highlighting the role of social and cultural changes in valuing parental co-responsibility. The legal analysis details how Article 1584 promotes shared custody as the preferred model, except in cases of unfeasibility, emphasizing the importance of cooperation and communication between parents for the well-being of the children. Additionally, the article discusses the benefits of shared custody for the child, including maintaining emotional bonds with both parents, continuity of a balanced family environment, and the promotion of healthy emotional development. The legal provision of shared custody seeks to encourage responsible and collaborative parenting, mitigating the negative impacts of parental separation on children. It concludes that shared custody, as provided in Article 1584 of Law No. 10,406/2002, represents a significant advancement in Brazilian legislation, promoting a parenting practice that prioritizes the interests and well-being of the child, while encouraging the active and balanced participation of both parents in raising their children.

GUARDA COMPARTILHADA NOS CASOS VIOLÊNCIA DOMÉSTICA

The article aims to analyze the feasibility and implications of shared custody in situations of domestic violence, addressing the relevant legislation and doctrine on the subject. Firstly, it is essential to define and understand domestic violence, its manifestations and the applicable legislation, with emphasis on the Maria da Penha Law (Law 11,340/2006), which seeks to protect women who are victims of violence in the domestic environment. Furthermore, Law 8,069/1990 (Child and Adolescent Statute) is analyzed to understand the protection of minors in contexts of violence. The study highlights that, although shared custody is generally promoted to ensure the equal participation of both parents in their children’s lives, its application in cases of domestic violence can be problematic. The need to protect the woman and children from continuous contact with the aggressor makes shared custody unfeasible in most cases. The article also analyzes the jurisprudence and decisions of Brazilian courts, which often opt for unilateral custody to guarantee the best interests of the child and adolescent. Finally, the article proposes the need for a careful and careful assessment of each case, with continuous monitoring of families affected by domestic violence, to guarantee the safety of victims and the well-being of minors. The creation of public policies that take into account the complexity of these cases is advocated, promoting a balance between the protection of the vulnerable and the right to family life.

Factors Associated with the Joint Physical Custody of European Children

Understanding patterns of children’s living arrangements (physical custody) in separated families and the factors related to joint physical custody are crucial as custody patterns have significant implications for the well-being of children and parents. In this study we use the 2021 European Union Statistics on Income and Living Conditions Survey (EU-SILC) to provide new evidence of children’s post-separation living arrangements in Europe. Our sample (n = 7,461) is restricted to children of separated or divorced parents residing in their mother’s household and having another parent residing outside of the household. We analyze both the individual-level socioeconomic, family-and child-related characteristics, and country-level variables to explain variation in children’s joint physical custody arrangements. We find that joint physical custody is higher among boys and children in the age groups 6–10 and 11–15. We also find that children with more socioeconomically advantaged mothers (higher education, employed, higher income, homeowners) are more likely to have joint physical custody. Importantly, controlling for individual-level characteristics, both the legal and the gender equality context shape the prevalence of joint physical custody, suggesting that country-level policies and norms may be important.

The quality of the stepfather–child relationship in sole and joint physical custody

AbstractObjectiveThis study examines whether the quality of the stepfather–child relationship differs among sole physical custody (SPC) and joint physical custody (JPC) families and compares the association between the father–child and the stepfather–child relationship across the two physical custody arrangements.BackgroundAn increasing number of families opt for JPC after separation or divorce. Because children in JPC families spend more time with their biological father than children in mother SPC families, the question arises whether JPC affects the quality of the stepfather–child relationship.MethodWe investigated 279 SPC and 182 JPC stepfather families with children aged 1 to 14 from the Family Models in Germany study. Ordinary least squares regression models and interaction effects were estimated.ResultsThe quality of the stepfather–child relationship was generally high in both SPC and JPC families and did not differ between the two arrangements. The father–child relationship was positively, albeit weakly, associated with the stepfather–child relationship in both arrangements, indicating spillover effects.ConclusionJPC does not affect the quality of the stepfather–child relationship.ImplicationsThis study does not provide any evidence that JPC is an ill‐suited physical custody arrangement when considering the quality of relationships in stepfamilies.

Interparental Conflict and Children’s Depressive and Anxiety Symptoms in Four Residence Arrangements

ABSTRACT This study examines the relationship between residence arrangements and depressive and anxiety symptoms from children’s perspective and the moderating role of interparental conflict. The sample included 454 children from families recruited from family counselling offices across Norway. Mixed effects regression models assessed the association between four residence groups – symmetric shared, asymmetric shared, extended sole, and limited sole – and children’s mental health symptoms. Findings indicate that children in different residence arrangements generally displayed similar levels of mental health symptoms, except those in asymmetric shared residence reported fewer depressive symptoms compared to those in limited sole residence. Higher interparental conflict was associated with increased anxiety symptoms, particularly in symmetric shared residence. These results suggest that shared residence may not always be in the child's best interest when there are high levels of interparental conflict. The study reveals variations within the traditional categorizations of “shared” and “sole” residence, highlighting the importance of nuanced differentiation.

Law, Blood, and Custody: Sexual Minority Mothers and Heteronormativity

ABSTRACT This article analyzes how couples made up of two mothers redefine their roles when they break up as well as how legal professionals frame the custodial arrangements of these former same-sex couples. To do so, we focus on the case of Quebec, Canada, where parentage equality between mothers was attained as early as in 2002. We rely on individual semi-structured interviews with mothers’ (N = 17) and legal professionals’ accounts (N = 23) as well as on court records regarding physical custody arrangements. We find that the legal recognition of both mothers favors coparenting practices, and especially joint physical custody. However, the heteronormative frame of custody arrangements lingers. Sexual minority mothers struggle with the valorization of birth motherhood and with the standard of gendered parental complementarity. Indeed, professionals can still fall back on heteronormative norms, notably by assigning to non-birth mothers a “paternal” role. In the end, the inexperience of many professionals on LGBTQ+ issues, the embeddedness of heteronormativity in day-to-day relations, as well as the permanence of heteronormative legal categories and professional practices are all factors that set these families apart.

The Meaning of Shared Parenthood in Long‐Term Foster Care: The Perspectives of Parents and Foster Carers

ABSTRACTShared parenthood is increasingly emphasized in long‐term foster care placements across European countries, including Flanders, where our study was conducted. However, despite its growing importance, there is a lack of comprehensive understanding regarding the dynamics and pedagogical conceptualization of shared parenthood. This research seeks to bridge the gap by investigating how parents and foster carers perceive and navigate parenting roles. Through in‐depth interviews with 12 parents and 12 foster carers from 10 long‐term foster care cases, thematic and narrative analyses were employed to explore shared parenting dynamics. The findings underscore the significant impact of power dynamics on the relationship, often resulting in prolonged silences and reluctance to address issues openly. By elucidating both the promoting and impeding factors, this study sheds light on the complexities of shared parenting within long‐term foster care arrangements. In conclusion, the study emphasizes the importance of recognizing and discussing the normative notion of shared parenting to facilitate its successful implementation in long‐term foster care placements.

Shared residence and social security policy: A comparative analysis from 13 countries

AbstractIncreasingly, children live in both parents' homes equally after parental separation, but little is known about whether social security policy supports these shared‐residence families. We propose that a determination of support for shared residence in various policies can be based on two criteria: whether both parents can receive benefits and whether the total amount received is greater than what would have been received if children lived with only one parent. We categorise support for shared residence in child benefits, housing assistance, social assistance, and guaranteed child support in 13 countries (Australia, Belgium, Denmark, Estonia, Finland, France, Iceland, New Zealand, Norway, Poland, Sweden, the United Kingdom, and the United States), using a 2017 questionnaire, policy documents, and previous research. Norway is the only country supporting shared residence in all four policy domains; three countries do not support shared residence in any. Policies on shared residence across domains are inconsistent. This research highlights the need to clarify policy for these families and to consider whether parents who manage shared parental responsibilities post‐separation should be assisted in new ways.

“There’s so much history”: shared parenting dynamics in kinship families

ABSTRACT Shared parenting, when adults collaborate in childrearing, is a practice of interest for children in out-of-home care. Yet, little is known about its feasibility and outcomes for kinship families who have preexisting relationships with birth parents. This article shares qualitative results from focus groups that explored participants’ experiences and attitudes toward shared parenting. The sample comprised 25 kinship caregivers and 34 child welfare professionals. Findings revealed that shared parenting within kinship families is often less feasible than desired. This article identifies barriers and facilitators of shared parenting, offers a shared parenting typology, and explores implications for policy and practice.

Process evaluation of a parent-child communication intervention for adolescent sexual and reproductive health in Uganda

BackgroundPrevious initiatives concerning adolescent sexual and reproductive health (SRH) education in Low-or-Middle Income Countries (LMICs) have been limited by cultural norms and misinformation perpetuated within families. Responding to the paucity of research on the implementation of SRH interventions in LMICs and limited knowledge regarding their mechanisms, this study undertakes a process evaluation of a parent-focused intervention to promote parent-adolescent communication about SRH in Uganda.MethodsThis paper explores the implementation, contextual factors and mechanisms of impact of the intervention, using the Medical Research Council (MRC) guidelines for process evaluations. Implementation was evaluated through indicators of dose, fidelity and adaptations, acceptability and feasibility. The contextual factors and mechanisms of impact were evaluated to refine the intervention’s causal assumptions. Data was collected during April - October 2021 in South-Western Uganda using a mixed-methods approach, including document analysis, intervention observations, interviews, focus group discussions and most significant change stories.ResultsThe acceptability of the intervention was related to its community engagement, the strong rapport with delivery agents, and individual characteristics of participants. Five contextual factors influencing implementation were highlighted; (i) cultural norms, (ii) perceptions about youth SRH, (iii) poverty, (iv) Covid-19 pandemic, and (v) prior research projects in the community. When considering the intervention’s mechanisms of impact, four causal pathways were identified; (i) Awareness of SRH needs helped parents overcome stigma, (ii) Parenting skills training improved SRH communication, (iii) Group learning stimulated shared parenting, and (iv) Group learning improved co-parenting.ConclusionThe paper presented three key learnings and corresponding recommendations for future research. Firstly, implementation success was credited to meaningful community engagement which improved acceptability and uptake. Secondly, the complex influences of contextual factors highlighted the need for contextual analysis in research studies to inform intervention design. Finally, this evaluation recognised the interplay between mechanisms of impact and suggested further research consider such combined impacts when designing intervention content.

From Maternal Preference to Shared Parenting: Child’s Well-Being. Lessons from the USA

The article concerns parenting after divorce or separation within the context of social changes. Special attention is paid to the principle of the welfare of the child, which is the most important criterion for deciding child custody. The child’s welfare is an open concept that grants a wide discretion to courts in choosing the best custodial arrangement for a child in a particular case. In this context, reference was made to the American experience on parenting after family break-up, separation or divorce. In the USA different theories were developed to explain which parenting model best fulfils the principle of the child’s welfare. This article discusses the tender years doctrine, primary care-taker preference, psychological parent doctrine and approximation rule. After a divorce, a mother was usually granted custody and a father paid child-support. He was placed in the background and excluded from the daily activities of his child. Currently, the theory of mother-nurturer and father-breadwinner is coming to an end; the father is no longer the only breadwinner responsible for providing the family an adequate standard for living, and the mother is no longer primarily responsible for the duties of childrearing and household chores. The changes taking place are reflected in struggling for equal treatment in the award of custody and abandoning the stereotypical approaches based on awarding custody automatically to mothers. A significant rise in the number of parents entering into joint custody arrangements is observed.

Reconstruction of Hadanah With The Concept of Shared Parenting in Religious Courts

This study aims to introduce the concept of shared parenting as a solution to child custody disputes in religious courts. This research is a normative legal research, by analyzing the decision of Tarempa Religious Court Number 27/Pdt.G/2023/PA.Trp, the decision of Tarakan Religious Court Number 408/Pdt.G/2019/PA. Tar, and decision of Syar'iyah Kualasimpang Court Number 50/Pdt.G/2021/MS.Ksg. The results of this study show that the concept of shared parenting is one of the right choices to resolve child custody cases, this pattern is taken to break up situations when both parents fight each other for the right to hadanah. With this concept of co-parenting, it is hoped that after divorce, the relationship between parents and children will continue to be good and harmonious. The implementation of the concept of shared parenting in disputes in religious courts can be found in two products, namely rulings and peace deeds. The peace deed is also in the form of a ruling, but more specifically related to the legitimacy of the peace agreement that occurs in the mediation process, both within the court and outside the court.

Shared parenting and father involvement after divorce in Denmark.

The Scandinavian countries make interesting samples for the study of shared parenting as they are characterized by some of the highest levels of father involvement and gender equality globally. Despite numerous studies, data from Denmark is noticeably absent in the international debate, partly due to a researcher preference for publishing in Danish. Here, I present an overview of the increase in father involvement in Denmark since the 1960s and on the increase in shared parenting across recent decades. I further examine Danish law, ministerial guidelines and guidelines from major Danish public and private institutions/organizations involved in deciding or advising on parenting practices post-divorce. I relate these to international research findings as well as to findings from Danish research. Overall, I find that Danish guidelines/practice have several reservations against shared parenting and substantial father involvement, which are not considered warranted by a substantial number of scientists and which are not supported by the majority of the available evidence. It thus appears that societal transition toward increased shared parenting has happened on a largely voluntary basis in spite of official law/practice. Updated law and/or ministerial guidelines are likely necessary if politicians desire that children experience the same high degree of father involvement post-divorce that they experience in society in general.

At mum’s place, at dad’s place, at home. How children do family in joint physical custody arrangements

At mum’s place, at dad’s place, at home. How children do family in joint physical custody arrangements