WHERE IS THE JUSTICE? PARENTAL EXPERIENCES OF THE CANADIAN JUSTICE SYSTEM IN CASES OF CHILD SEXUAL ABUSE*

Research concerning child victims of sexual abuse in the judicial system cites largely negative experiences and outcomes. However, few investigations focus on parental experiences of the justice system. Using a grounded theory method this Canadian study explored parental experiences of legal and judicial processes for child sexual abuse victims. Nineteen in‐depth interviews with parents encountering the justice system, as well as interviews with professionals working in those systems were analyzed. Results show a wide range of experiences, with parents reporting predominantly negative outcomes that potentially impede healing for children, indicating earlier judicial reforms have not been realized. Recommendations call for structural changes in the judicial system and more provision of parent‐focused supports.     

EMPOWERING PARENTS IN CHILD PROTECTION MEDIATION: CHALLENGES AND OPPORTUNITIES

One of the greatest challenges that parents face in child protection mediation (CPM) is to voice their concerns and negotiate on a relatively equal basis with the other mediation participants. This article considers how imbalances of power, limited confidentiality protection, and the personal problems that bring parents into the child protection process can limit a parent's ability to exercise self-determination in mediation and offers guidance for mediators seeking to conduct CPM in a manner that effectively empowers parents to meaningfully and collaboratively participate in mediation.     

论养子女最佳利益原则

随着现代收养核心的转变,养子女最佳利益原则逐渐成为诸多国家收养制度中的基本原则。养子女最佳利益发展自子女最佳利益,但却不尽相同。我国《收养法》未明确规定该原则,导致在收养实践当中极易造成对未成年人权益保护的不当。作为《儿童权利公约》的签约国,我国应当将养子女最佳利益原则作为收养制度的原则之一,并进一步完善我国收养法的具体规定,使该项原则作为整个收养法在立法、司法、执法中的原则。     

跨国公司的债务责任承担探析

随着跨国公司在国外设立子公司数量的增多,母公司为实现全球性战略目标而牺牲子公司利益进而损害东道国利益的行为成为了一个经常性的可能与事实。在这种情况发生的时候,若仅根据有限责任原则让子公司独立承担责任显然有违法律和社会的公平与正义。在母公司对子公司的经营管理进行了过度的控制而导致债务发生的时候,让跨国公司的母公司为子公司的债务承担责任具有充分的理由和现实意义。     

WHEN THE COST IS TOO GREAT: THE EMOTIONAL AND PSYCHOLOGICAL IMPACT ON CHILDREN OF INCARCERATING THEIR PARENTS FOR DRUG OFFENCES1

The advent of the modern “war on drugs” and its accompanying “lock 'em up and throw away the key” crime policies largely explain the evolution of mass incarceration in the U.S. and account for much of the emotional and psychological pain caused to children who have lost their parents to long prison sentences. It is by reducing reliance on incarceration to tackle the “drug problem” in the United States that there will be a positive impact on reducing the number of parents being separated from their children for inordinate amounts of time, thereby potentially reducing the negative emotional and psychological impact on children. Aiding parents combat their addiction outside of prison walls is perhaps to most sensible criminal justice policy in addressing the needs of children who are caught in the cross‐fire of the war on drugs. In the meantime, as policy makers review, assess, and, eventually, reform draconian drug laws and sentencing policies, it is imperative that front‐line service providers who work with children and family and juvenile court judges be mindful of the emotional and psychological impact that parental incarceration has on youth. A more in‐depth understanding of the complexities of these young people's life experiences will hopefully enable the development of appropriate support services.     

CONFLICT AND CO‐PARENTING: THE CONSTRUCTS OF NONRESIDENT FATHERS*

Scots law constructs a co‐parental role for nonresident fathers without clarifying how this should operate in practice. Personal Construct Theory (PCT) offers a useful approach to understanding such fathers’ distinct and changing conceptions of their role. Findings are presented from a study of 17 nonresident Scottish fathers maintaining contact with nonresident children. Idiographic analysis of data from repertory grid interviews administered three times over the course of a year shows that participants perceive family situations in terms of paternal involvement, impact, emotion, or antagonism. Changes in construing following family events support the PCT understanding of hostility; implications for family services are discussed.     

Corporal Punishment and Kids: How Do Parent Support and Gender Influence Child Adjustment?

Previous research on corporal punishment has failed to consider the interaction of parent support and parent gender in predicting child outcomes. The current study examined whether parental support moderated the effects of corporal punishment on child outcomes (i.e., depression and aggression), and more specifically, whether the gender of the supportive parent moderated the effects of punishment from the opposite-sex parent. Results differed depending on the gender of the punishing and supportive parents, suggesting that parental support can be a protective factor in child outcomes but only under certain conditions. Mother support moderated the effects of father punishment on child depression but not child aggression. High corporal punishment by father was related to more child depression at both high and low levels of mother support. High levels of mother support only seemed important (i.e., children were less depressed) at low levels of father corporal punishment. In contrast, father support moderated the relationship between mother corporal punishment and child aggression but not depression. Children with high father support showed less aggression across all levels of mother corporal punishment. At low levels of father support, child aggression increased as mother corporal punishment increased. For depression, mother corporal punishment was positively related to child depression regardless of level of father support. These findings suggest differential effects for mother and father support and have implications for the treatment and prevention of negative outcomes in children who are physically punished by their parents.

抚养的权利和抚养权

在我国目前缺失民法典、亲权和与离婚后抚养权有密切关系的监护制度体系建构的前提下,离婚后父母子女抚养关系法律问题有待进一步修正和立法.在广泛参考国外和港澳台地区在有亲权制度和监护制度框架下制定的离婚后抚养权的立法和制度模式的基础上,对我国婚姻法上抚养权概念的属种关系和层次关系、未直接抚养子女一方的抚养权利的法律地位、离婚后抚养权与直接抚养权的区别和关系等问题进行了探讨,以期通过立法修正和重新认识达到完善立法和司法、更好地保护离婚后父母和子女权益之作用.     

PARENT EDUCATION AFTER SEPARATION/DIVORCE

As part of a Canadian best practices evaluation of parent education for divorcing parents, this study assessed program effects on postseparation parenting. Statistically significant changes from pretest to 4 to 6 month follow-up were evident on all scales related to conflict between former partners, whereas changes related to positive and cooperative parenting were less conclusive. All parents experienced a reduction in conflict that places children in the middle of the conflict by the follow-up stage. Low-moderate-conflict parents experienced more increases in adaptive parenting.