关于父母责任效力的几个问题——对我国现行立法及理论学说的批判与检讨

父母责任的效力是责任实施要素中的重要环节,包括父亲与母亲、父母与未成年子女、父母与第三人之间的责任分配与负担关系.其中,父亲与母亲应作为整体但却不负连带责任,责任的负担以拥有监护权并事实上能行使监护权为限,允许父母一方以已尽监护义务而免除自己的责任;对具有责任能力的未成年子女致人损害,有过失的父母应与之承担连带责任,并可进行内部求偿;在父母与第三人共同过失的情况下,应严格按自己责任原则,未成年子女无需承担父母的共同过失,父母也无需承担未成年子女的过失.     

Contradictory interests: Work, parents, and offspring in early modern Holland

The consistory notes of the Dutch Reformed Church (1573–1700) reveal conflicts over work between parents and children during the early modern period. Two issues that caused particular tension were the labor experience of future sons-in-law and the division of household tasks. Parents' concerns about the financial position of their future son-in-law were sincere and realistic. Skills definitely bettered the new family's chances to survive financially. Children were not expected to take care of their destitute parents nor were parents obliged to support their poverty-stricken married children. Power struggles between children and stepparents also resulted in conflicts over work. After a widowed parent remarried, children and stepparents had to redefine their roles in the new situation. The child who had assumed responsibilities when a parent died resisted a stepparent who took over those tasks. Although the cases presented may not represent everyday interactions between parents and children, they do provide insights into how work caused problems between parents and older children.     

The relationship between parents and adult children in the economic culture of rural Netherlands, 1880–1910

This study examines the complexity of contradictory interests in the relationship between parents and adult children among agricultural wage laborers in rural Netherlands about 1900. One important potential issue of conflict was the marriage of children. In the case of wage laborers, Hajnal's independent livelihood theory is not really helpful in explaining regional differences in age at marriage. Marriage is viewed as a problem of balance and competition between the livelihood problems of parents and children. Two main issues of wage laborers are dealt with: the help adult children give to elderly parents and the control of the earnings of unmarried adolescent and adult children by their parents. Regional variations in children's help and parental control are measured and explained using four independent variables: extent of property ownership by wage laborers, extent of their production for the market (and need for unpaid family labor), wage level, and percentage who belonged to traditional religions in the village. Statistical analysis suggests that the property of agricultural wage laborers was most important in explaining variation in parent–child relationships. Wage level and religion also showed considerable explaining power, particularly for wages earned by unmarried children.     

Family Law,Parents with Disabilities,and the Americans with Disabilities Act

Parents with disabilities contend with bias within the family law system, often threatening their custody and visitation rights. The overarching goal of this article is to explore the experiences of parents with disabilities involved in custody and visitation disputes and the application of the Americans with Disabilities Act (ADA) in these cases. This article begins with an overview of parents with disabilities and their interactions with the family law system. Next, the article examines the ADA and its applicability to custody and visitation disputes. Finally, the article offers thoughts about strategies that can be utilized by attorneys to ensure that the rights of parents with disabilities are protected.     

Predictors of Initial Court Agreement and 1‐Year Relitigation in Title IV‐D Contested Paternity Cases

We examined potential predictors of initial court agreement and 1‐year relitigation in a sample of contested paternity cases involving unmarried parents coming to court to establish paternity, child support, and other issues. Cases participated in an RCT of a parent program and of a waiting period between establishment of paternity and court hearing. We controlled for RCT study factors and used baseline assessment data to predict likelihood of reaching full agreement in the initial court hearing and relitigation in the following year. Findings suggest that cases in which parents get along better outside of court are more likely to reach agreement and less likely to return to court. Additionally, particular parent demographics predict lower likelihood of reaching initial agreement (e.g., parents are non‐White, father earns below $10,000 yearly), more relitigation (e.g., parents are non‐White, mother earns above $10,000 yearly, father has children with others), and less relitigation (e.g., father earns above $10,000 yearly). Child demographics and most parent relationship characteristics did not predict outcomes. We discuss findings and offer suggestions for court interventions.     

The Role of Peer Contacts in the Relationship Between Parental Knowledge and Adolescents' Externalizing Behaviors: A Latent Growth Curve Modeling Approach

The purpose of the present study was to examine the direct and indirect effects (through peer contacts) of parental knowledge on adolescents’ delinquent and aggressive problem behavior, using latent growth curve modeling. A sample of 457 13- to 14-year old adolescents at first measurement wave (M=13.27; SD=0.45 years) filled out questionnaires about their parents, peers, and problem behavior three times with 1-year intervals in between. Regarding initial levels of behavior, both direct and indirect effects of parental knowledge were found on aggressive as well as on delinquent behavior. When the rate of change in behaviors was considered, only direct effects were found for both types of problem behavior, whereas indirect effects were absent. Gender differences were also found, with stronger effects of parenting on both aggressive and delinquent problem behavior for boys and stronger effects of peer contacts on aggressive behavior for girls. The present study shows that different behaviors of the externalizing spectrum have different trajectories and diverse relations with parenting and should not be treated as identical.

Custody and Visitation in Families With Three (or More) Parents

New technological and legal developments have enabled the formation of three‐parent families. Now that these families have arrived, families—and family law—must adapt to allocate responsibilities among the responsible adults.     

The relationship between parents and adult children in the economic culture of rural Netherlands, 1880–1910

This study examines the complexity of contradictory interests in the relationship between parents and adult children among agricultural wage laborers in rural Netherlands about 1900. One important potential issue of conflict was the marriage of children. In the case of wage laborers, Hajnal's independent livelihood theory is not really helpful in explaining regional differences in age at marriage. Marriage is viewed as a problem of balance and competition between the livelihood problems of parents and children. Two main issues of wage laborers are dealt with: the help adult children give to elderly parents and the control of the earnings of unmarried adolescent and adult children by their parents. Regional variations in children's help and parental control are measured and explained using four independent variables: extent of property ownership by wage laborers, extent of their production for the market (and need for unpaid family labor), wage level, and percentage who belonged to traditional religions in the village. Statistical analysis suggests that the property of agricultural wage laborers was most important in explaining variation in parent–child relationships. Wage level and religion also showed considerable explaining power, particularly for wages earned by unmarried children.     

Children of Uxoricide: the Anti-therapeutic Effects of the Construction of Parenthood Pathology in Cases of Family Trauma

When children are involved in the murder of one parent by the other, their lives are turned-upside down. They are immediately confronted with police and court interventions and by child welfare decisions. This article looks at the policy of the Dutch Child Protection Board in such cases. We consider the legal arrangements made by the Board for dealing with the child's future residence and any special needs. We also consider the ways in which social workers from the Board depict the families of uxoricide and perceive the future relationship of the child with the surviving parent.     

College Students’ Adjustment: The Role of Parent–College Student Expectation Discrepancies and Communication Reciprocity

Parents’ influence on college students’ adjustment is underestimated frequently. As college students often set goals based on their perceptions of their parents’ expectations, discrepancies between college students’ and their parents’ expectations may be related to their adjustment. The purpose of this study was to examine parent–college student expectation discrepancies and communication reciprocity as predictors of college students’ adjustment in a diverse sample of 69 male and 105 female freshmen and sophomores from a large southeastern university. A subsample of their mothers and fathers also participated in this study. Correlational results revealed that college students report experiencing lower levels of self-worth and adjustment when higher expectation discrepancies are present between themselves and their parents. Regression results also indicated that expectation discrepancies and college students’ perceptions of communication reciprocity are important predictors of college students’ self-worth and adjustment. Such findings suggested that teaching assertive communication skills to college students and their parents may serve as a means of promoting positive outcomes for college students.