Family Lifestyles: Legal and Psychological Considerations in Determining Post‐separation Parenting Arrangements for Children

Davidson, Graham

doi:10.1111/j.174-1617.1987.tb00165.x

Cited by 2 publications

(1 citation statement)

References 11 publications

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“…Nevertheless, since the late 1980s, rather protective discourses preventing the involvement of children in mediation have gained ground (Cashmore & Parkinson, 2009; Clulow & Vincent, 1987; Collinson & Gardner, 1990; Davidson, 1987; Garwood, 1990; Lansky et al, 1996; Warshak & Santrock, 1983). “ In conclusion, it was argued that the disadvantages of involving children directly or indirectly in the mediation process far outweighed any advantages .” (Roberts, 2008, p. 195).…”

Section: Child‐inclusive Mediation Centrementioning

confidence: 99%

The inclusion of children in divorce mediation: A continental ‘non‐directive’ approach

Brzobohatý

2024

Conflict Resolution Qtrly

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This article undertakes an interdisciplinary examination of child‐inclusive mediation (CIM) in divorce and separation mediation, particularly its implementation in the Czech Republic through the Mediation and Education Centre in Brno (MEDUC). It aims to offer a comparative analysis of MEDUC's unique non‐directive mediation model, which involves children's active participation in mediation processes, in contrast to the original Australian model of Child‐Inclusive Mediation and Counseling (CIMC). This paper uses a structured theoretical methodology combining comparative and conceptual analysis. Specifically, the comparative approach contrasts Australian and Czech practices and reveals key differences and similarities in legal frameworks, philosophical theories, and the roles of mediators and child specialists. Meanwhile, the conceptual analysis draws on an extensive literature review to explore the theoretical underpinnings of Australian and Czech family mediation approaches. The study identifies considerable flexibility in adapting CIP models in different legal and cultural settings. Although Australian practices heavily influence MEDUC, it has adapted these principles to fit its legal and cultural context. The article highlights the potential of combining human rights and therapeutic approaches, augmented by developmental psychology and international child rights standards, to create a more nuanced and child‐sensitive mediation practice. The article highlights the value of a multidisciplinary, adaptive approach to practice involving children in family mediation. It suggests that integrating psychological and legal‐philosophical theories can lead to a robust model that can be adapted to different cultural and legal settings. It advocates for future research to empirically evaluate the effectiveness and sustainability of these adapted models and explore how cultural perceptions of childhood and family roles may influence the success of CIP.

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Section: Child‐inclusive Mediation Centrementioning

confidence: 99%

The inclusion of children in divorce mediation: A continental ‘non‐directive’ approach

Brzobohatý

2024

Conflict Resolution Qtrly

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Split Custody as a Viable Post-Divorce Option

Hawthorne

2000

Journal of Divorce & Remarriage

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Split custody is an unpopular post-divorce family arrangement because of predictions that it deprives children of sibling support and impedes their adjustment to parents' divorce. The present study collected demographic details of two hundred split-custody families. Fifty-four parents and thirty children completed questionnaires. Thirty-nine of these parents and nineteen children were interviewed.Children's wishes contributed to the adoption of the arrangement in most families. Parents' unhappiness with split custody stemmed from their separation from a child. Children exercised frequent access to noncustodial parents and separated siblings. Split custody did not weaken sibling or parent/child relationships nor lead to parent/child alliances. It appeared to work well in many families for both parents and children.

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Family Lifestyles: Legal and Psychological Considerations in Determining Post‐separation Parenting Arrangements for Children

Cited by 2 publications

References 11 publications

The inclusion of children in divorce mediation: A continental ‘non‐directive’ approach

The inclusion of children in divorce mediation: A continental ‘non‐directive’ approach

Split Custody as a Viable Post-Divorce Option

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