2004 Fiscal Year Final Research Report Summary
A Legal Analysis of Grandparental Rights to Contact Grandchildren.
| Project/Area Number |
15530382
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Social welfare and social work studies
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| Research Institution | Japan Women's University |
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Principal Investigator |
MASUDA Yukihiro Japan Women's University, Faculty of Integrated Arts and Social Sciences, Associate Professor, 人間社会学部, 助教授 (40264171)
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| Project Period (FY) |
2003 – 2004
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| Keywords | social welfare / family policy / contact rights / grandparents |
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| Research Abstract |
The purpose of this study is to consider the legal policy on grandparental rights to contact grandchildren.
There exist many opportunities for grandparents to play a role in the lives of their grandchildren. And the nature of the emotional bond between the grandparent and grandchild determines to some extent frequency of contact.
But in Japan, little attention has been given to the problems on grandparent-grandchild contact. And there is no legislation or formal system regarding grandparents who are denied contact with their grandchildren.
What I wish to show in this paper is that it is necessary to consider the enactment of grandparental rights in Japan. To this end, we have analysed the legal systems and the cases of grandparent-grandchild contact in the United Kingdom, Ireland and Canada.
In conclusion, I examined theoretical problems which provide some guidance in considering the enactment of grandparent-grandchild contact rights in Japan : (1)the interpretations of the "family life" in the treaties and the conventions, (2)the legal position of grandparents in the family proceedings, (3)the concept of "the welfare of the child" or "the best interest of the child" in the family law, (4)the burden of proof in contact disputes between grandparents and parents.
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Research Products
(2 results)
