Resolving Parental Custody Disputes - A Comparative Exploration
24 Pages Posted: 13 Dec 2005 Last revised: 28 Aug 2019
Date Written: 2005
These authors provide an overview of the seventeen articles included in this special issue, a Symposium on Comparative Custody Law. The authors note the diversity of countries represented and explore the similarities and differences in substantive norms and procedural mechanisms used to regulate the allocation of parental rights and responsibilities following separation or divorce. The article chronicles similarities in approaches, including the dominance of civil regulation, a clear emphasis on private ordering, a widespread use of conciliation and mediation procedures, and attention to the child's role in the decision-making process. The authors also acknowledges the role of international instruments as well as the customs and qualities that give each society its unique character.
Note: ©2005. Published in Family Law Quarterly, Vol. 39, Summer 2005, by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder.
Keywords: comparative, family, children, law
JEL Classification: K36
Suggested Citation: Suggested Citation