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Sun 5th April 2009

Shared Custody Usually Safer

Filed under: General — MurrayBacon @ 11:18 pm

Prof. Edward Kruk (Canada) has published a definitive paper on the merits and policy for shared parenting.

http://www.familylawwebguide.com.au

http://www.familylawwebguide.com.au

PDF copies are attached and the text of the summary is included in the box below.

The papter is entitled “Child Custody, Access, and Parental Responsibility: The Search for a Just and Equitable Standard”, and was written by professor so social work Edward Kruk, M.S.W., Ph.D., at The University of British Columbia. It is published by Fatherhood Involvement Research Alliance (FIRA), December 2008.

He proposes a four-pillar approach to child custody determination:

1. Harm Reduction: A rebuttable legal presumption of joint physical custody after divorce

2. Treatment: Parenting plans, mediation and intervention / support in high conflict cases

3. Prevention: Shared parenting education and judicial determination in cases of established abuse, along with enforcement of shared parental responsibility orders

4. Enforcement: Judicially-determined arrangements in cases where family violence is a factor

The paper provides an empirical foundation for, and a step-by-step process, for implementation of an equal parenting bill.

The paper examines the issues, surveys approaches in UK, USA, Sweden and Australia, examines Canadian Child custody legislation at a provincial level, reviews Canadian efforts to make changes, and critiques the traditional sole custody approach as a basis leading up to the universal four-pillar approach for Equal Parenting.

This paper was commissioned by the Father Involvement Research Alliance (FIRA) based at the University of Guelph. Funding support for FIRA and this paper was provided through a Community University Research Alliance grant from the Social Sciences and Humanities Research Council of Canada. The intent of this paper is to promote informed dialogue and debate. The views expressed are those of the author and do not necessarily reflect the views of FIRA or of other researchers/collaborators associated with FIRA. Communications can be addressed to the author.

The full paper, a summary and a Powerpoint presentation, can be download from the following URLs (and are attached below):

The full paper (101 pages with over a 100 references)

The Executive Summary (9 pages, text in the box below)

Paternal Responsibility and Parenting After Divorce (PPT, 93kb)

Father Involvement Research Alliance (FIRA)
http://www.fira.ca/

All FIRA downloadable resources

I understand that Belgium has now had a starting point for custody negotiations of 50% / 50%, for over 2 years. There will now be sufficient experience available, for the outcomes to be evaluated. Another helpful element, is that French / Belgium lawyers are more used to working in a inquisitorial manner and are much less greedy financially than NZ / british style legal-workers.

There is hope – if you are willing to work for it?

To be able to serve children successfully, the familycaught desperately needs your help! MurrayBacon.

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