Making sense out of uncertainty: cognitive strategies in the child custody decision-making process
Child custody cases post-parental separation entail inherent complexities and uncertainties for legal experts and decision-makers, and are influenced by context factors. This study sheds light on how legal actors (i.e., judges, prosecutors, lawyers, psychologists, and social workers) navigate the un...
| Main Authors: | , |
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| Format: | Journal article |
| Language: | English |
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Frontiers Media
2024
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| _version_ | 1826313787025653760 |
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| author | Mendes, JADA Ormerod, TC |
| author_facet | Mendes, JADA Ormerod, TC |
| author_sort | Mendes, JADA |
| collection | OXFORD |
| description | Child custody cases post-parental separation entail inherent complexities and uncertainties for legal experts and decision-makers, and are influenced by context factors. This study sheds light on how legal actors (i.e., judges, prosecutors, lawyers, psychologists, and social workers) navigate the uncertainties that arise in such context and, therefore, make their decisions. Based on a reflexive thematic analysis involving 73 participants from Brazil and England, this study reveals cognitive strategies employed by legal actors to comprehend uncertainty and operate in the decision-making context. These strategies encompass heuristics (i.e., selection, evaluation, degrees of freedom, and outsourcing decisions/ resolution) and metacognitive strategies (custodial arrangements, professional practices and ‘best interests of the child’ speech). These results provide a window into the decision-making processes in child custody cases; they offer a comprehensive understanding of the multifaceted sensemaking strategies employed by legal professionals. The results carry substantial implications for informing and improving legal practice in handling complex child custody situations. Furthermore, this study charts new paths for future research by highlighting potential avenues for refining and advancing the strategies employed by legal experts in these cases, especially considering the child’s best interests. |
| first_indexed | 2024-09-25T04:22:05Z |
| format | Journal article |
| id | oxford-uuid:6a576d3e-2659-47a3-97bf-b8c6c68b38a7 |
| institution | University of Oxford |
| language | English |
| last_indexed | 2024-09-25T04:22:05Z |
| publishDate | 2024 |
| publisher | Frontiers Media |
| record_format | dspace |
| spelling | oxford-uuid:6a576d3e-2659-47a3-97bf-b8c6c68b38a72024-08-12T19:33:44ZMaking sense out of uncertainty: cognitive strategies in the child custody decision-making processJournal articlehttp://purl.org/coar/resource_type/c_dcae04bcuuid:6a576d3e-2659-47a3-97bf-b8c6c68b38a7EnglishJisc Publications RouterFrontiers Media2024Mendes, JADAOrmerod, TCChild custody cases post-parental separation entail inherent complexities and uncertainties for legal experts and decision-makers, and are influenced by context factors. This study sheds light on how legal actors (i.e., judges, prosecutors, lawyers, psychologists, and social workers) navigate the uncertainties that arise in such context and, therefore, make their decisions. Based on a reflexive thematic analysis involving 73 participants from Brazil and England, this study reveals cognitive strategies employed by legal actors to comprehend uncertainty and operate in the decision-making context. These strategies encompass heuristics (i.e., selection, evaluation, degrees of freedom, and outsourcing decisions/ resolution) and metacognitive strategies (custodial arrangements, professional practices and ‘best interests of the child’ speech). These results provide a window into the decision-making processes in child custody cases; they offer a comprehensive understanding of the multifaceted sensemaking strategies employed by legal professionals. The results carry substantial implications for informing and improving legal practice in handling complex child custody situations. Furthermore, this study charts new paths for future research by highlighting potential avenues for refining and advancing the strategies employed by legal experts in these cases, especially considering the child’s best interests. |
| spellingShingle | Mendes, JADA Ormerod, TC Making sense out of uncertainty: cognitive strategies in the child custody decision-making process |
| title | Making sense out of uncertainty: cognitive strategies in the child custody decision-making process |
| title_full | Making sense out of uncertainty: cognitive strategies in the child custody decision-making process |
| title_fullStr | Making sense out of uncertainty: cognitive strategies in the child custody decision-making process |
| title_full_unstemmed | Making sense out of uncertainty: cognitive strategies in the child custody decision-making process |
| title_short | Making sense out of uncertainty: cognitive strategies in the child custody decision-making process |
| title_sort | making sense out of uncertainty cognitive strategies in the child custody decision making process |
| work_keys_str_mv | AT mendesjada makingsenseoutofuncertaintycognitivestrategiesinthechildcustodydecisionmakingprocess AT ormerodtc makingsenseoutofuncertaintycognitivestrategiesinthechildcustodydecisionmakingprocess |