Resolving Parental Custody Disputes - A Comparative Exploration

24 Pages Posted: 13 Dec 2005 Last revised: 28 Aug 2019

See all articles by D. Marianne Blair

D. Marianne Blair

University of Tulsa College of Law

Merle Hope Weiner

University of Oregon - School of Law

Date Written: 2005

Abstract

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

Blair, D. Marianne and Weiner, Merle Hope, Resolving Parental Custody Disputes - A Comparative Exploration (2005). Family Law Quarterly, Vol. 39, p. 247, 2005, Available at SSRN: https://ssrn.com/abstract=868635

D. Marianne Blair (Contact Author)

University of Tulsa College of Law ( email )

3120 E. Fourth Place
Tulsa, OK 74104
United States

Merle Hope Weiner

University of Oregon - School of Law ( email )

1515 Agate Street
Eugene, OR Oregon 97403
United States
541-346-3857 (Phone)
541-346-1564 (Fax)

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