Uncertainty in child custody cases after parental separation: context and decision-making process
Context factors (e.g. a family’s developmental crisis) can affect the child custody decision-making process and the child’s best interests after parental separation. But what are these context factors, and how can they vary across different cultures and legal systems? This paper reports a cross-cult...
| Main Authors: | , |
|---|---|
| Format: | Journal article |
| Language: | English |
| Published: |
Springer
2023
|
| _version_ | 1811141328591912960 |
|---|---|
| author | de Alcântara Mendes, JA Ormerod, T |
| author_facet | de Alcântara Mendes, JA Ormerod, T |
| author_sort | de Alcântara Mendes, JA |
| collection | OXFORD |
| description | Context factors (e.g. a family’s developmental crisis) can affect the child custody decision-making process and the child’s best interests after parental separation. But what are these context factors, and how can they vary across different cultures and legal systems? This paper reports a cross-cultural qualitative study funded by the Brazilian Ministry of Education and was carried out under a Naturalistic Decision-making approach. This study addresses context factors that impact the decision-making of experienced legal actors working in child custody cases. Interviews were conducted with 73 legal actors (judges, prosecutors, lawyers, psychologists, and social workers) in Brazil and England. The data gathered were analysed employing a reflexive thematic analysis that generated seven themes addressing how uncertainty is structured by context factors in child custody cases after parental separation. The themes generated encompassed three domains (‘family’, ‘family court’, and ‘legal-psychosocial’) that draw attention to the sources of uncertainty in child custody cases, especially to the role of contextual players (family and children) in the child custody decision-making process. |
| first_indexed | 2024-09-25T04:36:08Z |
| format | Journal article |
| id | oxford-uuid:4980ae6e-dd45-4a7d-a72d-75c06d2f8e19 |
| institution | University of Oxford |
| language | English |
| last_indexed | 2024-09-25T04:36:08Z |
| publishDate | 2023 |
| publisher | Springer |
| record_format | dspace |
| spelling | oxford-uuid:4980ae6e-dd45-4a7d-a72d-75c06d2f8e192024-09-24T07:53:58ZUncertainty in child custody cases after parental separation: context and decision-making processJournal articlehttp://purl.org/coar/resource_type/c_dcae04bcuuid:4980ae6e-dd45-4a7d-a72d-75c06d2f8e19EnglishSymplectic ElementsSpringer2023de Alcântara Mendes, JAOrmerod, TContext factors (e.g. a family’s developmental crisis) can affect the child custody decision-making process and the child’s best interests after parental separation. But what are these context factors, and how can they vary across different cultures and legal systems? This paper reports a cross-cultural qualitative study funded by the Brazilian Ministry of Education and was carried out under a Naturalistic Decision-making approach. This study addresses context factors that impact the decision-making of experienced legal actors working in child custody cases. Interviews were conducted with 73 legal actors (judges, prosecutors, lawyers, psychologists, and social workers) in Brazil and England. The data gathered were analysed employing a reflexive thematic analysis that generated seven themes addressing how uncertainty is structured by context factors in child custody cases after parental separation. The themes generated encompassed three domains (‘family’, ‘family court’, and ‘legal-psychosocial’) that draw attention to the sources of uncertainty in child custody cases, especially to the role of contextual players (family and children) in the child custody decision-making process. |
| spellingShingle | de Alcântara Mendes, JA Ormerod, T Uncertainty in child custody cases after parental separation: context and decision-making process |
| title | Uncertainty in child custody cases after parental separation: context and decision-making process |
| title_full | Uncertainty in child custody cases after parental separation: context and decision-making process |
| title_fullStr | Uncertainty in child custody cases after parental separation: context and decision-making process |
| title_full_unstemmed | Uncertainty in child custody cases after parental separation: context and decision-making process |
| title_short | Uncertainty in child custody cases after parental separation: context and decision-making process |
| title_sort | uncertainty in child custody cases after parental separation context and decision making process |
| work_keys_str_mv | AT dealcantaramendesja uncertaintyinchildcustodycasesafterparentalseparationcontextanddecisionmakingprocess AT ormerodt uncertaintyinchildcustodycasesafterparentalseparationcontextanddecisionmakingprocess |