Ethics group requests information on child custody decision-making cases

1980 ◽  
Author(s):  
Author(s):  
Carla C. Kunin ◽  
Ebbe B. Ebbesen ◽  
Vladimir J. Konečni

1978 ◽  
Vol 17 (1) ◽  
pp. 104-116 ◽  
Author(s):  
John F. McDermott ◽  
Wen-Shing Tseng ◽  
Walter F. Char ◽  
Chantis S. Fukunaga

1969 ◽  
pp. 852 ◽  
Author(s):  
Karen M. Munro

It is well understood that in custody battles passions become inflamed and children often become victims of their parents' irrational, selfish behaviour. Within the court system, various concepts have been developed in an attempt to combat this and to achieve custody arrangements that are in the best interests of the children. Munro explores these concepts and reveals that all too often the best interests of the children are sacrificed for the rights of the parents. Indeed, the Charter of Rights and Freedoms has added strength to parental rights arguments within custody battles. Munro challenges those who believe that rights analysis should be used to create equality between parents seeking the custody of their children. She explores the various myths about the differences between men and women as caregivers and concludes that, on a general level, men are biologically capable of being the caregiving parent but refuse to actively take on the role. Ultimately, Munro suggests that the appropriate test to use to determine who should have custody is the Primary Caregiver Test. This test is based on the presumption that the parent who was the primary caregiver during the marriage will he the better caregiver after the marriage and, thus, should be awarded custody of the children. The Primary Caregiver Test, Munro argues, is not only more effective, less time consuming and less costly than other tests, but also acts to preserve the concept of the best interests of the children which must be the pinnacle consideration in all custody disputes.


1982 ◽  
Vol 10 (3) ◽  
pp. 309-326 ◽  
Author(s):  
Rex Julian Beaber

The clinical evaluation of families in contested child custody cases raises a number of difficult dilemmas. The problem areas include determining the validity of the raw data, quantifying information, attaching weight to the numerous variables, determining the value of predicted outcomes, distinguishing between actuarial and clinical prediction, defining the scope of evaluator expertise, handling functional parents, and predicting the effects of the evaluation process itself. A multi-stage decision-making grid is proposed to help make such evaluations more systematic and less encumbered by data problems and unsupportable philosophic assumptions. Specific clinical and actuarial criteria are given for clinical decision making.


Author(s):  
Beth Archer-Kuhn

Phenomenology as a methodology reveals lived experience (van Manen, 2017); as such, it is an excellent methodology to help us understand the parent perceptions and experiences of child custody decision-making. Qualitative researchers have explored the ways in which lived experience is influenced by issues of culture and gender (Kall & Zeiler, 2014). In this paper, I explain how the key tenets of phenomenology, epoché and reduction, revealed the importance of custody status for participants, and also discuss how differences in gender was rendered invisible in the initial analysis. The flexible nature of phenomenology allowed me to use a critical lens after the initial analysis to consider another understanding of the parent experience, while still revealing lived experience. These new understandings better position us for social justice work.


2019 ◽  
Vol 100 (2) ◽  
pp. 200-212
Author(s):  
Beth Archer-Kuhn

Parent perspective and experience is largely absent from the research literature in child custody decision-making, making it challenging for social workers to understand the parent experience. Research often focuses on outcome studies regarding children’s adjustment and well-being, with little attention to the parent voice. This article addresses this gap using a phenomenological approach. Eighteen participants were recruited from a mid-sized community in Ontario through the mandatory information program (MIP). In-depth interviews and thematic analysis reveal five themes: (a) redefining role, (b) the importance of agency, (c) shared decision-making, (d) the battleground—barriers to shared decision-making, and (e) complexities involved in shared decision-making. These findings illuminate shared parenting challenges, highlighting the need for family supports and services in navigating challenging post-separation realities.


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