Pedagoger i det sociala uppdragets gränstrakter : Att hantera familjerättsliga processer, hot och våld

Pedagogues in the borderland of their social task: dealing with family law proceedings, threats and violence Drawing upon an explorative study of family law proceedings from a school perspective, the aim of this paper is to examine the school staff’s strategies for solving or coping with problematic situations in this context. Gendered conflicts between adults and violence are extreme cases for pedagogues in school and preschool. How do the staff cope with their own and the children’s vulnerability? Based upon interviews with 22 informants, the staff’s strategies are outlined and discussed in relation to organizational and professional circumstances and intersecting social relations of power. An analytical construction of six types of proactive and reactive strategies, ranging from distance keeping to normalization of own exposure, is utilized in the analysis. Findings suggest that the staff’s strategies to handle challenging events in this context vary with the parent’s gender, class position and ethnicity. Further, it is argued that creating a sense of safety and promoting learning among the children may be obstructed by lack of support from the school’s organization, demands on staff to perform customer oriented attitudes towards parents and lack of clarity concerning the limits of the social task. Conflicts between the organization and profession on the one hand and the educational and the social task on the other hand, are thus illuminated. In conclusion, a further aim of this article is to contribute to broader discussions on men’s violence against women and children – in families as well as in workplaces and in the intersection between these two areas. 

Who gets the cats...you or me? Analyzing contact and residence issues regarding pets upon divorce or separation

Mills and Akers outline the statistical incidence of pet ownership and people's need for domestic pets, discuss ownership or property rights in domestic pets, outline the criteria used by the courts when ruling on implied contact and residence rights regarding domestic pets upon the irretrievable breakdown between the "owners" of the particular pets, and highlight both the shortcomings in the existing law and possible means of overcoming those shortcomings.

Disloyality and divorce: why (and when) the traitor should pay

Loyalty n3 is the catalyst for an enormous amount of admirable human conduct. It is also a desirable virtue: 'in loyalty . . . is the fulfilment of the whole of morality'. n4 It may be justly argued that loyalty grounds more of the principled, honourable and other kinds of non-selfish behaviour in which people engage than does any other moral principle. Curiously, loyalty is almost totally ignored by the law. The area of law in which the principle of loyalty most acutely applies (at least potentially) is family law -- in particular to the concept of marriage. n5 Loyalty is the brussel sprout of the law. Almost everyone recognises [*2] its inherent goodness but few are prepared to make a meal of it. Despite its moral desirability, there are virtually no legal principles that are expressly derived from, or give effect to, the virtue of loyalty. This paper examines the extent to which loyalty should be given legal recognition in matrimonial law. Although the main purpose of this paper is to raise awareness of the potential relevance of loyalty to the dissolution of marriage (and therefore to encourage further consideration and debate on this issue), for the sake of completeness we provide an example of a legal framework in which loyalty should be incorporated into matrimonial law. We argue that within the scope of the 'no-fault' based system of divorce in some circumstances betrayals should be penalised by means of a reduced property settlement.

A theory of injustice: the flip side of the relocation coin in Australia

Problems attached to relocation cases in Australia because of geographical and cultural reasons - the best interests of the child principle inherently promotes injustice in relocation cases - operation of Part VII of the Family Law Act in the context of relocation cases - assessment of the best interests of the child principle in Australian relocation cases - responsibility of contact parents - reforming Australian law to promote an equality of interests.

Child-focused and child-inclusive divorce mediation : comparatice outcomes from a prospective study of postseparation adjustment

This study compared outcomes over 1 year for two groups of separated parents, who attended two different forms of brief therapeutic mediation for entrenched parenting disputes. The two interventions each targeted psychological resolution of parental conflict, enhanced parental reflective function, and associated reduction of distress for their children. The child-focused (CF) intervention actively supported parents to consider the needs of their children, but without any direct involvement of the children, while the child-inclusive (CI) intervention incorporated separate consultation by a specialist with the children in each family, and consideration of their concerns with parents in the mediation forum. Repeated measures at baseline, 3 months, and 1 year postintervention explored changes over time and across treatments in conflict management, subjective distress, and relationship quality for all family members. Enduring reduction in levels of conflict and improved management of disputes, as reported by parents and children, occurred for both treatment groups in the year after mediation. The CI intervention had several impacts not evident in the other treatment group, related to relationship improvements and psychological well-being. These effects were strongest for fathers and children. Agreements reached by the CI group were significantly more durable, and the parents in this group were half as likely to instigate new litigation over parenting matters in the year after mediation as were the CF parents. The article explores the potential of CI divorce mediation to not only safely include many children in family law matters related to them, but also to promote their developmental recovery from high-conflict separation, through enhanced emotional availability of their parents.

Current findings on Australian children in postseparation disputes : outer conflict, inner discord

This paper sets out descriptive baseline data on the first 111 Australian families participating in a current study of the efficacy of child-focused and child-inclusive Family Law Mediation. The families come from the first of two treatment groups in that comparative study. While outcome data are not yet available on this group, the baseline data, gathered prior to intervention, are of interest and value. The paper describes the nature of parents' conflict with each other, the strength of their parental alliance, and the psychological functioning of their children at the time of presentation to the mediation service. High mental health risk for the children in these families is evident, both from parents' and children's perspectives. Uniquely, the paper includes the perceptions of 73 children about their parents' conflict and its impact on them. Implications are discussed, underscoring the imperative of early intervention with separating families that includes screening of the children's experience of conflict and their own needs for recovery.

Decision support in interest based negotiation support systems: the AssetDivider system

Negotiation Support Systems (NSS) model the process of negotiation from basic template support to more sophisticated decision making support. The authors attempt to develop systems capable of decision support by suggesting possible solutions for the given dispute. Current Negotiation Support Systems primarily rely upon mathematical optimisation techniques and often ignore heuristics and other methods derived from practice. This chapter discusses the technology of several negotiation support systems in family law developed in their laboratory based on data collected and methods derived from practise. The chapter explores similarities and differences between systems the authors have created and demonstrates their latest development, AssetDivider.

Trade-off manipulations in the development of negotiation decision support systems

Our model of negotiation for constructing Negotiation Decision Support Systems is based upon Principled Negotiation and uses trade-off manipulations in order to provide decision support. A resulting system, Family_Winner, was constructed using several information systems techniques. Trade-off Maps (a variant of Constraint Diagrams) are used to represent trade-off opportunities, while an empirically derived formula calculates the amount of compensation given to the ratings of issues remaining in dispute. The Issue Decomposition Hierarchy embedded in the system allows for the incorporation of sub-issues. Family_Winner was originally built for use in Australian Family Law. We believe our model can be extended for use in various other domains.

Family_Winner has been evaluated in the areas of industrial relations, international disputation and company disputes. Results from our evaluation suggest the system works satisfactorily in these domains. We conclude this paper by describing future projects that will develop and extend Family_Winner's functions and applicability.

Incorporating fairness into development of an integrated multi-agent online dispute resolution environment

The paper describes the development of an integrated multi-agent online dispute resolution environment called IMODRE that was designed to assist parties involved in Australian family law disputes achieve legally fairer negotiated outcomes. The system extends our previous work in developing negotiation support systems Family_Winner and AssetDivider. In this environment one agent uses a Bayesian Belief Network expertly modeled with knowledge of the Australian Family Law domain to advise disputants of their Best Alternatives to Negotiated Agreements. Another agent incorporates the percentage split of marital property into an integrative bargaining process and applies heuristics and game theory to equitably distribute marital property assets and facilitate further trade-offs. We use this system to add greater fairness to Family property law negotiations.

On laughter and loss. Children's experiences of shared time, parenting and security post-separation

Among the research, practice and socio-legal commentary on the substantial sharing of parenting time after separation, children’s voices about their experiences remain overwhelmingly silent. This article draws on findings of a descriptive phenomenological study which investigated Australian school-aged (8- to 12-year-old) children’s descriptions of two binary phenomena: security and contentment in shared time arrangements, and the absence of security and contentment in shared time parenting. Specifically, this article focuses on exploring parental behaviours and interactions recognised by children as sources of security in shared time lifestyles, through happy and needy times. Central to this is the juxtaposition of the child’s experience of security and shared enjoyment with the present parent, against the absence of security emanating from unresolved longing for the ‘absent’ parent. The article provides an empirically derived formulation of children’s advice to parents about shared time parenting, with relevance for family law related parent education forums.

Responding to concerns about a study of infant overnight care postseparation, with comments on consensus: Reply to Warshak (2014)

© 2015 American Psychological Association. Richard Warshak (2014) published a "consensus report" in this journal (Vol. 20, No. 1) documenting a policy position on infants and overnight care following parental separation. He asserts that "[t]here is no evidence to support postponing the introduction of regular and frequent involvement, including overnights, of both parents with their babies and toddlers" (p. 60). To support this assertion, Warshak presents a series of detailed concerns about an Australian study the authors conducted, some of which involve serious misrepresentations of our aims, methodology, and findings. In this reply, we clarify the purpose, context, and limitations of our study, and refute one of Warshak's central theses: that our study's design and results favor primary maternal care of young children and discourage overnights and shared parenting for fathers. We appraise the Warshak article, and consider whether other approaches to consensus statements and to policy dialogue might better serve families involved in the family law system, particularly when emotive debates such as the overnight care of young children cannot yet be resolved by science.

Conciliação: a solução da lide e a celeridade na prestação jurisdicional

Esta obra tem como tema central a conciliação como método contemporâneo de solução dos conflitos, notadamente nas Varas de Família de Porto Velho/RO. Os métodos alternativos de solução de controvérsias surgem como opção eficaz ao jurisdicionado, em atenção ao clamor da sociedade por uma prestação jurisdicional mais célere. A utilização deste método visa oferecer e assegurar uma melhor e efetiva solução de conflitos à população, fugindo assim dos modelos tradicionais de resoluções de conflitos. O objetivo é procurar demonstrar que, além da jurisdição estatal, existem outros meios de pacificação social, os quais também colocam fim às controvérsias e realizam a justiça. Destaque-se que mecanismos alternativos objetivam não somente oferecer uma prestação jurisdicional mais célere à sociedade, mas também verdadeira pacificação social; além do que, oportunizam também a resolução do conflito antes que seja instaurada qualquer demanda judicial, desafogando assim o Judiciário. Enfatiza-se a importância da conciliação nas matérias concernentes ao direito de família, já que nesta área há preocupação fundamental com a preservação emocional das partes. E dada a carga emocional que circundam as ações dessa natureza, muitas vezes ao juiz é impossível encontrar uma resposta adequada e definitiva para os problemas que lhes são apresentados pelas partes. Os resultados demonstram que a conciliação nas Varas de Família de Porto Velho/RO têm se revelado um mecanismo célere e eficaz, na busca da resolução de conflitos e pacificação social. Os profissionais e operadores do direito têm consciência da importância de sua aplicação.

A transmissibilidade da obrigação de prestar alimentos no direito brasileiro: aplicabilidade do art. 1.700 do código civil

O presente trabalho tem como objetivo analisar a regra da transmissão da obrigação alimentar aos herdeiros, esclarecendo alguns pontos teóricos, que ainda hoje causam perplexidades aos operadores de direito, bem como encontrar uma maneira de aplicar o art. 1.700 do Código Civil de 2002. Para tanto, serão analisados os aspectos constitucionais do Direito de Família e das Sucessões e seus conceitos básicos.

Paternidade socioafetiva, adoção à brasileira e suas atuais implicações

O objetivo desta monografia é a análise do direito de família, mais especificamente do instituto da paternidade socioafeitva e seu reflexo em situações atuais como a adoção à brasileira. A metodologia deste trabalho foi baseada na revisão de pesquisas bibliográficas, doutrinárias, legislativas e jurisprudenciais. A análise discorre, primeiramente, acerca do conceito da paternidade socioafetiva e da maneira como que os vínculos sociais e afetivos têm sido avaliados como predominante em relação ao vínculo de consanguinidade, considerando o melhor interesse do menor. Posteriormente foi abordado o tema adoção, a “adoção à brasileira”, e como a mesma, tipificada como crime no Código Penal Brasileiro, pode ser solucionada pelo instituto da filiação socioafetiva. Por fim foram revisadas as apreciações de como os tribunais brasileiros adéquam o procedimento de adoção na nova realidade familiar brasileira, tendo em vista a falta de previsão legal, o que leva para os juízes a decisão acerca deste tema. Paralelamente são apresentados exemplos das decisões tomadas caracterizando jurisprudências no tema.