child custody

Case No. AP 2537/09, on the appeal of Dalibor Perić, Constitutional Court of Bosnia and Herzegovina (2011)

The appellant, a mother who shared two young children with the respondent, appealed a judgment awarding custody of the couple’s children to the respondent after their divorce. At the time of the original custody order, the children were residing with the appellant in Malawi, but the court granted custody to the respondent to raise them in England.

Arizona Revised Statutes § 25-403.03 governs how findings of domestic violence or child abuse impact parental rights and parenting time in family law proceedings. The statute prohibits joint legal decision-making when the court finds significant domestic violence or a significant history of domestic violence and directs courts to treat domestic violence as contrary to the child’s best interests, with the safety of the child and the victim as primary considerations.

Karen Atala Riffo, a judge in Chile, and her husband separated in 2002 and agreed that she would retain custody of their three daughters. After a few years, Ms. Atala began to live with her female partner. In response, her husband filed for custody claiming that the mother’s homosexuality was detrimental to the children. The lower court confirmed the grant of custody to the mother, finding that there was no evidence that homosexuality was pathological conduct that would make Ms. Atala unfit as a mother.

Castle Rock v. Gonzales is a U.S. Supreme Court case holding that a law enforcement officer could not be sued under 42 U.S. Code § 1983 for failing to enforce a restraining order. In the case, Jessica Gonzales was granted a restraining order against her husband during their divorce proceedings. In violation of the restraining order, the estranged husband took their three children, and despite repeated efforts by Jessica to have the order enforced, the police took no action.

After pleading guilty, the appellant-father was convicted of several counts of sexually abusing his daughter. The appellee-mother filed a petition to terminate the father’s parental rights to the daughter, and the District Court terminated his parental rights pursuant to WY Stat § 14-2-309(a)(iii) and (a)(iv). The Supreme Court of Wyoming upheld the decision.

In the case Chicoine v. Chicoine (S.D. 1992), the parties were married for three years before the wife engaged in a series of openly same-sex affairs. The husband obtained a temporary custody order for their two children and later filed for divorce on the grounds of extreme cruelty. The trial court awarded custody to the husband, granted the wife restricted visitation including unsupervised overnight visits, and imposed an additional condition prohibiting unrelated women or gay men from being present during the visitation.

The Bahamian Child Protection Act seeks to protect the welfare and rights of children, particularly related to matters such as abuse, neglect, parental responsibilities, and state intervention measures to ensure the care and protection of children. Its purpose is to balance the well-being of children with the preservation of family life. For instance, Section 64 establishes supervision and care orders, which allow authorities to intervene when a child is, or is likely to be, harmed or neglected.

The appellant-mother challenged an order from the District Court awarding child custody to appellee-father and giving her the same visitation rights that the father had when she had custody. The Supreme Court of Wyoming affirmed the order because the domestic violence suffered by the mother at the hands of her boyfriend, in front of the children, was a change in circumstances that warranted a change in custody to protect their children.

Divorce in Cuba results in the dissolution of matrimonial ties and all other effects described in Article 49 of the Family Code. Pursuant to Article 50, divorce can be obtained by judicial decree or notarial deed. Prior to the enactment of the Second Final Disposition of Law No. 154 (“Law No. 154”), divorce in Cuba could only be obtained by means of judicial decree. However, Law No. 154 liberalized the means to obtain a divorce by allowing divorce to be effected by notarial deed.