Child Custody Law

Why is the American family in crisis? Some point to cultural forces such as pornography, popular culture, and secularization. Political scientist Stephen Baskerville argues that the most direct cause is the divorce regime: a government machinery that uses divorce and child custody to forcibly tear apart families, separate children from fit and loving parents, and turn ordinary law-abiding citizens into criminals in ways they are powerless to avoid.

Think you will never have to go through the horrors of divorce litigation because you don’t believe in it?  Think again.  Divorce is not necessarily something you agree to. Divorce can be forced upon you – entailing the loss of your children, expulsion from your home, confiscation of your property and earnings, and even jail without trial.  All this is now happening to law-abiding citizens who never agreed to a divorce or gave grounds for one – in ways completely beyond their control.

Nothing like this has ever before appeared in America. Driven by an extremist version of feminist ideology and highly bureaucratic in organization, the divorce machine now resembles the totalitarian regimes of the last century.  Yet its slow and subtle erosion of the private sphere of life is unprecedented.  Political correctness inhibits scholars and media pundits from confronting it, while clichés and euphemisms obfuscate the seriousness of government officials acquiring virtually absolute control over Americans’ private lives.

In this book, you will learn the shocking truth behind the clichés like "ugly divorce" and "nasty custody battle."  The family crisis originates in family law, a political underworld whose operations are shrouded in secrecy and jargon:

• What drives the rash of "parental kidnappings."
• Why the "deadbeat dad" is not only a myth but a hoax – the creation of government officials plundering parents whose children they first take away.
• What lies behind the hysteria over "domestic violence" and how this propaganda is destroying families, endangering children, and criminalizing innocent parents.
• The real causes of child abuse and how the child abuse industry distorts the truth.
• What allows family courts to operate as if the Bill of Rights simply did not exist.
• The "soft totalitarianism" being institutionalized in family law by organized feminism.

In this book, Dr. Baskerville exposes the greatest and most destructive civil rights abuse in America today. Throughout America and other Western democracies, family courts and Soviet-style bureaucracies ignore traditional protections for basic civil liberties, enter homes, take away children, and throw their parents in jail without trial.

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In a number of child protection cases, the European Court of Human Rights (ECtHR) has concluded that the child should remain in foster care or can be forcibly adopted because of the history of domestic violence between the parents, even when the abused parent has been found to be capable of child care. In the examined cases, the ECtHR did not take into consideration the situation of the parent who is a victim of intimate partner violence. On the contrary, the concerned parent's inability to leave an abusive relationship has been used as an argument not to reunite the child with the parent. This practice raises the question whether the interpretation of the 'best interest of the child' principle has gone too far and at the expense of the right to family life of the abused parent who suffers double victimisation: as a victim of domestic violence, and as a victim of the Court's jurisprudence that accepts the severance of family ties.

The issue of child custody has always been a crucial matter to be determined especially in a divorce petition either unilateral divorce or mutual divorce. The Court in granting the divorce will go indepth on custody of the infant child. There is no strict sense of so-called "Child Custody Law" in Malaysia as compared to the United Kingdom. However, two main statutes have governed issues related to child custody in Malaysia ie. Law Reform (Marriage and Divorce) Act 1976 (hereinafter referred to as "the LRA") and Guardianship of Infant Act 1961 (hereinafter referred to as "the GIA"). This Article is aimed to give a basic understanding of the child custody issues in Malaysia, specifically relatives or foster parents who wish to obtain child custody over their birth parents.

Questions of divorce and child custody, along with connected issues like domestic violence, child abuse, and child support, have been characterized by clichés and misconceptions and by misleading and inaccurate information. This is attributable to failure to understand the politics behind these phenomena. All have been subject to political pressure and ideological manipulation, though this has been accompanied by almost no analysis, investigation, or explication by students of politics. Yet these matters have far-reaching consequences for the social order, including the political order, constitutional rights, and civil liberties. Almost no discussion has been held on the adverse consequences or the possible policy options appropriate to address them, though the measures available to rectify adverse impact on civil society are relatively straightforward.

Though as a general practice almost all the Guardian Courts appreciate the fact that the absence of interaction between the minor and his real Non Custodial Parent/ Grandparent will result in estrangement between both the minor and the parent, and for that reason consider a periodical meeting a necessity. However, for reasons unknown, our Courts are reluctant to allow reasonable at home visitation rights especially when the Applicant is a Non Custodial Paternal Grandparent in the absence of availability of a Non Custodial Father. A right to life not only include one's own life but also life, liberty and happiness of one's children. Denying a person the right of company of his children / grandchildren is as severe a penalty and a curse on him than denying him life altogether. It is an anomaly of law that a separation is always being affected between spouses and never between parents hence a child in no case can be penalized for a wrong he has not committed nor taken part in. denying a right of having easy access to a minor child towards his paternal side of relatives is like penalizing a minor child for the separation that have occurred between his parents.

Game theory seeks to explain the competitive and cooperative behaviour of rational decision making. This series of articles seeks to apply game theory to child custody disputes, a field intuitively assumed to be most prone to irrational behaviour. In these articles, the author makes the case that even the most emotionally-laden issues can be largely influenced by economic decision-making.

In the first article, Game Theory is introduced at a rudimentary level and then applied to the first recorded child custody dispute – the judgement of King Solomon. The King’s irrational suggestion to split the child in half appears rational once game theory is applied. Further, the behaviour of the two protagonists can be explained using game theory models.

[In the second article, the Australian family dispute resolution is introduced. Game theory is then applied to produce a framework which shows the interaction between cooperative and competitive behaviours along with the various steps of the dispute resolution process from mediation through to litigation. Game Theory is shown to provide a useful method for judges, arbitrators and policy-makers to predict and influence behaviours of those involved  in child custody disputes.]

What is the relationship between Mizrahi feminism and Israeli ultranationalism? What is the relevance of gender justice activism to the 2014 Gaza War and Israel’s foreign policy?

Wrapped in the Flag of Israel Second Edition examines neoliberal bureaucracy in the Global South using feminist critical race theories. It interrogates the relationship between the State of Israel and its Mizrahi single mothers who are at the forefront of Mizrahi feminism. It also presents a model of bureaucracy as divine cosmology that preempts the agency of disenfranchised Mizrahim who are Israel’s demographic majority. Mizrahi protests fall flat when the Israel-Palestine conflict dominates the headlines. While most studies of neoliberal bureaucracy employ a Foucauldian or Marxian lens, this book illustrates how Israeli bureaucracy draws on a theological essence that fuses religion, gender, and race into the foundations of citizenship. It sets out to understand why Mizrahi mothers remain loyal to a state that injures them though its bureaucratic system.

The extensive Afterword to the Second Edition connects intra-Jewish racial and gendered dynamics to the 2014 Gaza War. It tracks sequences that began with social protest and ended with elections that bolstered Israel’s political right. In between came bloodletting between the IDF, the Palestinian Authority, and Israel’s neighboring Arab states. The 2014 Gaza War was a watershed, but not only in the Israel-Palestine conflict. Under the smokescreen of war, Israel accelerated neoliberal economic reform. The first victims of this restructuring were Mizrahi single mothers. Palestinians, however, would pay the highest price for Israel’s Mizrahi-Ashkenazi rift.

Το δικαίωμα επικοινωνίας με το τέκνο εξαιρείται της εξουσίας διάθεσης των γονέων και δεν μπορεί να γίνει αντικείμενο δικαστικού συμβιβασμού. Οι συμφωνίες των γονέων δεν δεσμεύουν το δικαστήριο στην έκταση που δεν βρίσκονται σε αρμονία με το συμφέρον των ανηλίκων, ο δε συμβιβασμός αυτός ακόμη και αν περιέχεται σε πρακτικό δημοσίως συνεδριάζοντος δικαστηρίου δεν είναι έγκυρος και δεν συνεπάγεται την αυτοδίκαιη κατάργηση της δίκης στην οποία αναφέρεται.

Studies show that collaborative governance, the idea that organizations must work together to address community problems, has been growing in popularity.  Research indicates that many community problems are too complex to be handled by single organizations, and agencies often discuss challenges in collaboration with public authorities.  Studies indicate that the benefits of collaborative governance among organizations and service providers include creating innovative solutions to complex community problems.  Studies show the benefits also involve building stronger comprehensive community systems of service and care.  Research shows the benefits also include reducing the repetition of organizational efforts and increasing social capital and community stability for children, families, and communities.  Studies reveal that mothers and children who are survivors of domestic violence or sexual assault need a myriad of interventions to improve maternal functioning and promote mother-child health.  This case study examined the experiences of professionals in a South Atlantic state that collectively work on interagency teams to serve mothers and children survivors of domestic violence.  This study answered the research question:  What are the experiences of professionals who collaboratively work in interdisciplinary teams to focus on women and children survivors of domestic violence?  A case study is an in-depth, comprehensive investigation of a bounded system.  This study indicated that collaboration occurs on a continuum in which the amounts of collaboration vary by profession.  Other findings of this study included that political agendas and lack of financial resources are the main reasons why more extensive partnerships are not effective.  An additional finding of this study was collaborative efforts to help divorce and child custody cases involving domestic violence result in poor outcomes for mother-child relationships.

ABSTRAK Jagaan Anak seringkali diberikan kepada ibu dan dalam keadaan kes tertentu kepada bapa. Kedua-dua hak memerlukan kewajiban yang berbeza dari ibu dan bapa. Artikel ini membincangkan berkenaan kebajikan anak dalam kes hadhanah adalah pertimbangan utama yang diambil kira oleh Mahkamah Syariah sebelum memutuskan penghakiman. Kebajikan anak-anak adalah lebih diutamakan berbanding keperluan dan kehendak kedua ibu bapanya. Aspek kebajikan ini merangkumi segala kebaikan yang mampu disediakan oleh penjaga kepada anak tersebut disamping kemahuan dan kehendak anak ingin tinggal bersama penjaga tersebut. Kajian ini menggunakan metod kualitatif iaitu menggunakan kaedah kepustakaan seperti merujuk penulisan-penulisan ilmiah, jurnal dan buku yang berkaitan perbincangan. Antaranya seperti keperluan penentuan penjaga yang layak, akhlak penjaga dan hak anak untuk memilih keperluan, kehendak dan penjaga pilihan. Merujuk undang-undang, ibu-bapa boleh hilang hak penjagaan sekiranya gagal menjaga kebajikan kanak-kanak. ABSTRACT Custody is often given to the mother and in certain cases to the father. Both rights require different obligations from parents. This article discusses the welfare of a child in hadhanah case as a major consideration taken by the Syariah Court before deciding the judgment. Children's welfare is more important than the needs and wants of both parents. This aspect of welfare includes all the benefits that the guardian can provide to the child in addition to the will and desire of the child to stay with the guardian. This study uses qualitative methods and library-based research by referring to several relevant academic writings, journals and books. The findings of the study reveal that there are specific provisions on child welfare in the law. These include the determination of eligible guardians, children's education and rights of the children to choose their needs, desires and guardians. According to law, parents can lose custody right if they fail to provide for their children's welfare.

Horror stories about divorce and child custody now saturate the media. Clichés about " nasty divorce " and " ugly custody battle " have become daily fare. Yet while voyeuristic " he said / she said " accounts may transform our media into purveyors of real life soap opera, they seldom inform us accurately. Divorce and separation involving children entail consequences much more far-reaching than the public has been led to believe. Beyond disrupting and destroying the lives of millions of people, they also undermine our social order, our economic prosperity, our system of law enforcement and criminal justice, even our civil liberties and constitutional government. The loosening of bonds between parents and their children and the increasing government control over children has reached crisis proportions. It is little exaggeration to say that children have become commodities and weapons that are fought over, traded, bought, sold, stolen, and even killed. Custody battles, parental kidnappings, fatherless children, child abuse, foster care, adoption markets, educational failure, violent crime, substance abuse, psychotherapy, psychotropic drug use, escalating medical costs, sex trafficking, child soldiers – all these are the consequences of family dissolution and the loosening bonds between children and parents.

Philippine private law promotes the rights and interests of children. It emphasizes that their welfare is paramount in all questions relating to their care, custody, education and property, and enumerates the duties and obligations of parents to safeguard and protect them by ensuring their moral and mental development.

However, the Philippines has no law which provides for or recognizes shared parenting. Neither is there any law which recognizes divorce, civil partnerships, or same-sex marriages. Thus there is no express rule which specifically applies to the children of such relationships.

Nevertheless, the absence of any Philippine law on divorce, same-sex relationships, civil partnerships, or shared parenting does not mean that the Philippine legal framework has not considered, and does not protect the best interests of the children of these and all other relationships. But this should not stop us from looking for other ways to further enhance the protections that our children are legally entitled to.

Since Philippine private law is based on the Spanish Civil Code, their legal commonalities and shared histories should be more than enough impetus for Philippine lawmakers and policymakers to look into Spanish law, for the purpose of further enhancing and protecting the best interests of the Filipino child.

There is a broad philosophical consensus that both children's and prospective parents' interests are relevant to the justification of a right to parent. Against this view, I argue that it is impermissible to sacrifice children's interests for the sake of advancing adults' interest in childrearing. Therefore, the allocation of the moral right to parent should track the child's, and not the potential parent's, interest. This revisionary thesis is moderated by two additional qualifications. First, parents lack the moral right to exclude others from associating with the child. Second, children usually come into the world as part of a relationship with their gestational mother; often, this relationship deserves protection.

This article contains a review of research on parent-child contact after parental separation and divorce and provides a case study derived from a longitudinal study of divorce. This case study is based on a child psychiatric evaluation report of a girl aged five, on a face-to-face interview at age eleven and on autobiographical narratives of the same participant at the age of 22 years. The author advocates a "childhood research" approach aimed at improving the understanding of how children perceive, experience and cope with parental separation and divorce, especially custody and visiting issues. The article ties a critical analysis of the scientific literature and the case study to approaches and topics for future research.

Sınır aşan uyuşmazlıklarda çocukların korunması ve velayete ilişkin Türkiye’nin taraf olduğu uluslararası sözleşmelere, 2017 yılında bir yenisi daha eklenmiştir: 1996 tarihli Lahey Velayet Sözleşmesi. Sözleşme, aynı konuda daha önce akdedilen 1961 tarihli Küçüklerin Korunmasına İlişkin Lahey Sözleşmesi’nin, daha geniş bir sahada tatbiki için, bu sözleşmenin yeniden ele alınmasıyla oluşmuştur. 1996 Lahey Velayet Sözleşmesi, çocukların korunmasına ilişkin daha fazla adli ve idari önlem içermesi yanında, velayet yükümlülüğü ve çocuğun malvarlığının korunmasına uygulanacak hukuk, yetki, tanıma ve tenfiz konularını düzenlemekte ve âkit devletler bakımından bütüncül bir sistem kurmaktadır. Çocuğun korunması ve velayet konularında getirdiği bu bütüncül sistem yanında, Avrupa Birliği (AB) ile 2013 yılında başlatılan Vize Serbestisi Diyaloğu çerçevesinde Sözleşme’nin, ülkemizce hayata geçirilmesi beklenen yasal düzenlemelerden olduğu da ifade edilmiştir. Bu husus, konunun önemini politik bakımdan da arttırmaktadır. Çalışmamızda çocukların korunmasına ve velayete ilişkin olarak 1996 Lahey Velayet Sözleşmesi’yle tamamlanan sistem, genel bir yapıda ortaya konularak, Türk hukukuna etkileri tartışılacaktır. Gerekli görülen noktalarda genel tartışmalar detaylandırılacaktır.

Chapter 17 in La coutume dans tous ses états (à l'occasion du 500e anniversaire de la rédaction de la coutume d'Auvergne), F. Garnier et J. Vendrand-Voyer (dir.), La Mémoire du Droit, Paris, 2013. ISBN : 978-2-84539-028-7,

https://www.academia.edu/35498551/La_coutume_dans_tous_ses_%C3%A9tats_%C3%A0_loccasion_du_500e_anniversaire_de_la_r%C3%A9daction_de_la_coutume_dAuvergne_F._Garnier_et_J._Vendrand-Voyer_dir._La_M%C3%A9moire_du_Droit_Paris_2013

Abstract & full paper in French and then in English (footnotes only in French)

Abstract in French

Le droit administratif général connaît la coutume. Bien qu’elle ne soit pas centrale, elle est une source secondaire reconnue de cette branche du droit, du moins lorsqu’on la prend dans sa dimension large incluant les usages, les traditions et les pratiques . La question de cette source du droit dans les outre-mers est cependant quasiment absente des études générales de droit administratif, un paradoxe qui n’est pas sans être notable tant il existe, par ailleurs, un certain nombre d’études ponctuelles sur les coutumes dans tel ou tel île ou archipel . La raison de cette absence est peut-être que le droit de l’outre-mer est aujourd’hui bien morcelé . On le sait, depuis la réforme constitutionnelle de 2003 , les DOM-TOM ont été remplacés par les DROM-COM . Les départements ont un régime proche de la Métropole , mais les collectivités d’outre-mer ont depuis lors des statuts presque tous différents, régis chacun par une loi organique particulière ; la Nouvelle-Calédonie étant quant à elle régie par le titre XIII de la Constitution qui lui est réservé . Cette diversité conduit aujourd’hui à ne plus parler « de » l’outre-mer mais « des » outre-mers, comme un ensemble disparate. L’analyse de la coutume dans les outre-mers conduit donc à une réflexion d’ensemble sur des coutumes diverses, dans des lieux éloignés. En ce sens, elle permet de réfléchir plus largement sur la place de ce type de norme dans notre ordre interne. Il faut dire que tous les outre-mers ne sont pas touchés par le phénomène normatif coutumier. Les départements d’outre-mer sont ainsi quasiment exclus de cette étude, il n’y a pas dans ces départements plus de coutume ou de droit local que dans les autres départements français. Il n’est pas exagéré de dire que les DOM sont plus proches du droit commun que certains départements métropolitains. Tout au plus pourrait-on trouver des coutumes comme celle des combats de coqs aux Antilles et à La Réunion, qui ne seraient à notre sens pas soumises à un autre régime juridique que celui de la Tauromachie dans certaines villes du Sud-Ouest . Les autres collectivités d’outre-mer ne sont pas non plus toutes marquées par la place de la coutume. Pour être précis, seules trois collectivités d’outre-mer utilisent officiellement le droit coutumier : La Nouvelle-Calédonie, Wallis-et-Futuna et Mayotte .Ainsi, le maintien de la coutume dans certains cas, comme sa disparition dans l’autre mérite que l’on se penche sur les raisons de l’existence d’un droit coutumier en outre-mer et sur le contenu substantiel de ce droit, dans un contexte républicain d’égalitarisme entre citoyens. La norme coutumière apparaît ainsi au service des spécificités locales et de l’intégration harmonieuse dans la République (I). D’un autre côté, ce sont les modalités de la coutume qui intéressent. La coutume comme norme. Là encore, ce sont les rapports entre la coutume et les normes républicaines qui se posent et qui nous intéresseront dans un second temps (II).

Abstract in English

General administrative law is familiar with custom. Although it is not central, it is a recognized secondary source of this branch of law, at least when taken in its broad dimension including usages, traditions and practices . However, the question of this source of law in the overseas territories is virtually absent from general studies of administrative law, a paradox which is not without significance, since there are a number of specific studies on customs in particular islands or archipelagos. The reason for this absence is perhaps that the law of overseas territories is today very fragmented. As we know, since the constitutional reform of 2003, the DOM-TOM have been replaced by the DROM-COM. The departments have a regime close to that of mainland France, but the overseas collectivities have since then had almost all different statutes, each governed by a specific organic law; New Caledonia, for its part, is governed by Title XIII of the Constitution, which is reserved for it. This diversity now leads us to no longer speak of "overseas" but of "the" overseas territories as a disparate whole. An analysis of custom in the overseas territories therefore leads to an overall reflection on diverse customs in faraway places. In this sense, it makes it possible to reflect more broadly on the place of this type of norm in our internal order. It must be said that not all overseas territories are affected by the phenomenon of customary norms. The overseas departments are thus virtually excluded from this study, there is no more custom or local law in these departments than in the other French departments. It is no exaggeration to say that the overseas departments are closer to ordinary law than some metropolitan departments. At most, we could find customs such as cockfighting in the West Indies and Reunion Island, which in our opinion would not be subject to any other legal regime than that of bullfighting in certain towns in the South-West. Nor are all the other overseas collectivities marked by the place of custom. To be precise, only three overseas collectivities make official use of customary law: New Caledonia, Wallis and Futuna and Mayotte. Thus, the maintenance of custom in some cases, as well as its disappearance in others, merits consideration of the reasons for the existence of customary law in overseas collectivities and the substantive content of that law, in a republican context of egalitarianism among citizens. Customary law thus appears to serve local specificities and harmonious integration in the Republic (I). On the other hand, it is the modalities of custom that are of interest. Custom as a norm. Here again, it is the relationship between custom and republican norms that arises and which will interest us in a second phase (II).

Research in recent years in Europe and internationally has highlighted the growing need to review paternal role and the growing importance of fathers' continued involvement in the upbringing of their children through new parental care arrangements, such as the joint custody, so that the well-being of both the fathers themselves and their children is ensured. The purpose of this research is to investigate the joint custody and paternal role in divorce in Greece. During the research process, which started in January 2015 and is still ongoing to date, data were collected from 2,638 people, through a semi-structured questionnaire. According to the results of the research, it is a common request of both women and men to maintain the father's quality participation in the lives of children after divorce.

French Abstract: L’auteur recense les développements récents en droit de la famille concernant l’exercice des droits de garde et d’accès durant la pandémie du coronavirus (COVID-19). Les développements abordés sont ceux survenus entre le 13 mars et le 13 avril 2020.

English Abstract: The author describes the recent developments in Québec family law regarding the exercise of custody and access rights during the coronavirus pandemic (COVID-19). The developments discussed here are those that occurred between March 13 and April 13, 2020.

The paper draws from the concept of protection of the interest of the child as ‘ḥaqq Allāh’, as described in the Murshid (manual for Muslim practitioners) edited by Qāḍī Iyad Zahalka (judge of the Sharīʿa Court of Appeals in Israel), and explains why such a connection is intriguing and what are the implications of this equation in the Israeli context. The paper argues that reference to ‘ḥaqq Allāh’ represents a theoretical bedrock for judges to assert their role of political authorities and guarantors of Muslim identity. Nevertheless, looking at recent judgments, it points out that not all Muslim judges of the last generation in Israel show the same attitude with this regard. Indeed, judges differently understand and actualize the role implicit in the equation between the interest of the child and the ‘right of God’. In the paper, such differences are highlighted considering the different approaches of Palestinian Muslim judges with Israeli citizenship towards the figure of the social worker and the social worker report as a legal tool used in custody proceedings.

French Abstract: L’auteur recense les développements récents en droit de la famille durant la pandémie du coronavirus (COVID-19). Les développements abordés sont ceux survenus entre le 14 avril et le 1er juin 2020.

English Abstract: The author describes the recent developments in Québec family law during the coronavirus pandemic (COVID-19). The developments discussed here are those that occurred between April 14 and June 1st, 2020.

Divorce due to apostasy causes child custody issues, is religion or the welfare of the child a priority? This study is a qualitative normative legal research with a juridical approach and a case approach. Primary data in this study are seven decisions of the Religious Courts regarding divorce by apostate parents and the determination of child custody. This paper focuses on examining (1) judges' considerations in determining custody of children in divorce due to apostasy, (2) patterns of granting custody of children in divorce due to apostasy. This research results in (1) The judge considers the conditions of the parties with three priority conditions for determining child custody, namely Islam, morals, and the ability to care for children. (2) the pattern of granting custody of children in divorce due to apostasy is (a) Islam becomes a priority requirement in determining child custody (b) if Islamic requirements are not met, then the moral requirements and the ability to care for the benefit of the child will be prioritized. The panel of judges will analyze the conditions of both parents to determine what is best for the child, even though custody is given to the apostate parent.

In the last decade my country, Israel, has gone through enormous changes regarding child custody in divorce cases, and these changes have influenced almost all areas, domains and disciplines. The main change has started by challenging the concept of “father’s visit” and transferring it to “father’s responsibilities”, namely, the father is no longer a “visitor” but rather a partner with certain responsibilities and duties even in cases of mother’s custody. The next step was the ongoing tendency towards equally shared time of both parents with the child or children.  Soon afterwards women started contributing to their children’s financial expenses, while taking into consideration both parents’ earnings and other assets. This so-called “revolution” is still in its first stages. For example: while in many European countries joint custody is THE default in divorce cases (or cases when the parents have never been married), in Israel the Parliament is (finally) to vote for “automatic” mother-custody only for babies under one year old, which is a substantial change from the present situation, where mothers were almost always the custodians of children under 6.
The influences of these change have but little been studied, and I wish to present my findings, regarding professional advancement, life style, male involvement in the girl’s and the boy’s life, etc., based both on public materials (papers, published documents by the government, TV programs), and a dozen interviews I have conducted.

This book aims to cover and examine the questions of, what is meant by Convention of 25 October 1980 on the Civil Aspects of International Child Abduction mediation? How can a mediation process can fit within the constraints and purpose of the Convention? What are the role of a mediators in a Convention Mediation? The often great geographical distances between the parents, the ambiguity of court procedures and the legal uncertainties that arise when different legal cultures meet, mediation is, in many cases, may be the only way to reach a fair balance between the parties and to find a personal solution to the conflict over residence and custody rights for the child concerned. The use of mediation in international family disputes,specifically under the Convention, may enhance the well-being of the family and the children and promote autonomy by allowing parents, rather than a third party judge to make decision on their. It models collaborative decision making, enabling the work of future co-parenting.