THE (DE)CONSTRUCTION OF CONFLICT IN DIVORCE LITIGATION: A DISCURSIVE CRITIQUE OF “PARENTAL ALIENATION SYNDROME” AND “THE ALIENATED CHILD”

In high‐conflict divorce litigation involving custody and access, mental‐health professionals are often used to assess the case and make recommendations. Using Foucauldian theories of discourse, this article suggests that these assessments, which are intended to resolve the conflict or offer profitable information, often participate in the conflict by constructing assessments and diagnoses that fit with legal discourse, and thus with the outcomes of adversarial‐styled rulings and ideologically driven interests. This article suggests that so long as such professionals are driven by the privileged discourse of law and psychology/psychiatry, the best interests of those at the center of the conflict can have their experience co‐opted by the iatrogenic features of these discourses.     

亲权制度立法原则研究

两大法系在亲权制度上的立法原则有较大区别,大陆法系较为抽象,英美法系更为具体。在亲权行使上,我国亲权制度的立法原则应当是:以“子女最佳利益”为指导,实行以单独亲权为主,共同亲权为辅的立法原则。     

Rights,responsibilities and regulation – the three Rs of education: a consideration of the state's control over parental choice in education

Education is both a right and a responsibility. International instruments such as the International covenant on civil and political rights and the International convention on the rights of the child affirm the right of all children to education. This right is spelt out in the education legislation of all states and territories in Australia. Education is not only free but is compulsory for all children between certain ages. The obligation is imposed on parents (in accordance with definitions contained therein) to ensure that their children are both enrolled at and attend school. However, parental choice of education provider is allowed within each jurisdiction by way of state, private or church schools, all of which are registered and regulated to varying degrees by the state. The legislation of each jurisdiction also makes some degree of provision for parents who choose to opt out their children from any formal education setting and to educate them at home. Home education is also subject to state regulation. The assumption by the state of the responsibility for education guides this policy and legislation. The argument for state control of all education, no matter how and by whom it is provided, is that the state has an overriding interest in ensuring the economic well-being of its citizens and the growth of its intellectual capital. The state acknowledges that the responsibility for education is shared with parents, primarily by providing penalties for parents who fail to ensure enrolment and attendance of their children at a school. There is evidence that more and more parents in developed countries worldwide are choosing to educate their children at home, and anecdotal evidence suggests that Australia is part of this trend. To this end, this article critically examines the balance and relationship between the exercise of parental choice and responsibility in education, and state regulation and control. It does so by examining the means by which the legislation of different jurisdictions allows for choice in the exercise of the right to education, with particular reference to home education, places limitations on that choice and imposes control on the delivery of education outside state schools.     

Parental Self-Efficacy and Bullying in Elementary School

This study investigated associations of general and specific parental self-efficacy factors with bullying and peer victimization behaviors among 142 fourth and fifth graders and their parents. Using structural equation modeling, exploratory factor analysis was used to examine one general parenting self-efficacy measure and a bullying-specific parent self-efficacy measure. The latter produced two unique factors: (a) self-efficacy to know when one’s child is bullied, and (b) self-efficacy to respond to one’s child being bullied. Child reports of bullying and peer victimization were simultaneously regressed on the three (i.e., one general and two specific) parent self-efficacy factors. Findings revealed that parental self-efficacy to know when one’s child is bullied was uniquely and negatively associated with both bullying and victimization. Additionally, and contrary to expectations, parental self-efficacy to respond when one’s child is being bullied was uniquely and positively associated with victimization.     

Associations between Exposure to Alienating Behaviors,Anxiety, and Depression in an Italian Sample of Adults

The aim of this study was to examine associations between exposure to alienating behaviors (ABs) and anxiety and depression as mediated through psychological maltreatment and parental bonding in a sample of Italian adults in the community. Five hundred and nine adults were given a measure of exposure to ABs, the Baker Strategy Questionnaire; the Psychological Maltreatment Measure; the Parental Bonding Instrument; the State‐Trait Anxiety Inventory‐Y; and the Beck Depression Inventory‐II. Exposure to ABs was associated with psychological maltreatment, which was associated with parental bonding, which was associated with each of the three mental health outcomes: depression, state anxiety, and trait anxiety. The authors conclude that exposure to ABs in childhood represents a risk factor for subsequent poor mental health.     

Best Interest of the Child and Parental Alienation: A Survey of State Statutes

State statutes regarding the best interests of the child (BIC) in deciding disputed custody were reviewed and independently coded with respect to three issues (i) the child's preference and any limits (ii) parental alienation and (iii) psychological maltreatment. Results revealed that many states allowed for the child's preferences to be considered and none qualified that preference when undue influence has occurred; parental alienation as a term was not found in any state statutes but 70% of the states included at least one BIC factor relevant to its core construct of the parent supporting the child's relationship to the other parent; and many states included a history of domestic violence or child abuse but only three states explicitly mentioned psychological maltreatment. These findings highlight yet another way in which the BICS factors lack specificity in ways that could negatively impact children caught in their parents’ conflict.     

我国未成年人教养保护制度的立法选择

关于未成年人的教养保护,大陆法系国家和英美法系国家分别采取了亲权与监护并行以及由监护吸收亲权两种立法模式。应在对亲权和监护制度进行比较研究以及对我国现行未成年人保护教养制度进行评估的基础上,关注大陆法系国家亲权制度的现代发展,借鉴亲权制度现代发展的成果,就父母对未成年子女的教养保护设立父母照顾制度,与监护制度一起实现未成年人的民法保护。     

Video Games and Violence: Legislating on the ‘Politics of Confusion’

This article explores the way that politicians and legislators have responded to concerns over the link between videogames and violence in the UK, particularly in terms of ensuring that inappropriate content remains inaccessible to minors. It explores the recent changes to the regulatory framework centred on videogames, arguing that the move to a universal statutory framework has implications that are more symbolic than real‐policy is still underpinned by the ‘precautionary principle’ and the framework remains equally likely to be undermined by the actions of parents who ignore ratings and purchase age‐inappropriate games for their children. Perhaps predictably, the political establishment has been unwilling to engage with this parental neglect, attributing it to ‘ignorance’ and ‘the need for a simplification of the ratings system’. This paper argues that such responses are essentially a smokescreen used by governments which are understandably unwilling to take prosecutions into the home and retail space.     

Childhood bads,parenting goods,and the right to procreate

Abstract

Harry Brighouse and Adam Swift, together with many other philosophers, think that adults’ interests in raising a child can give them a moral right to parent when they will be adequate parents. We consider whether the same interest could give such adults a moral right to procreate, as a means of acquiring a child to raise. We argue that the interest in parenting cannot support a right to procreate, because the features of childhood that make parenting uniquely valuable for adults are bad for children. Adults may have a right to procreate, but they do not have that right due to their interest in a parent–child relationship.     

子代孝道类别对亲代福祉的影响探究——基于CFPS2014的实证检验

弘扬孝亲敬老传统美德在支持家庭养老保障机制的有效运转和提升老年福祉水平方面具有积极作用,亦是践行党的二十大报告中“弘扬中华传统美德,加强家庭家教家风建设”的有益探索。研究发现子代持有的孝道观念在具备相互性和权威性双元面向的基础上,可进一步被划分为“高认同型”“分化型”“矛盾型”“低认同型”四个潜在类别;“孝道—福祉增进效应”具有稳定性,子代对相互性孝道认同程度越高,其亲代产生高福祉水平的可能性更大;该效应在亲代群体间具有异质性,拥有养老资源较为匮乏的亲代,能够从孝道对福祉的正向效应中获得更多回报。下一步政策取向是强化新时代家庭观的制度保障,进一步发挥家风建设和家庭美德发展对实现代际之间紧密的情感联结和高度的责任认同的有效力量。