Establishment of children's right to express their views in family law system
| Project/Area Number |
13620061
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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 |
Civil law
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| Research Institution | Ritsumeikan University |
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Principal Investigator |
NINOMIYA Shuhei Ritsumeikan University, 大学院・法務研究科, 教授 (40131726)
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| Project Period (FY) |
2001 – 2003
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| Project Status |
Completed (Fiscal Year 2003)
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| Budget Amount *help |
¥1,300,000 (Direct Cost: ¥1,300,000)
Fiscal Year 2003: ¥100,000 (Direct Cost: ¥100,000)
Fiscal Year 2002: ¥500,000 (Direct Cost: ¥500,000)
Fiscal Year 2001: ¥700,000 (Direct Cost: ¥700,000)
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| Keywords | Children's Right / Custody / Visitation / Child Abuse / Children's Rights to Express Their View / 監護者指定 / 親権行使 / 意見表明権 / 里親 / 監護者の指定 / 親子の分離 / 親権喪失 / 児童虐待 / 子の権利 / 子の意思の尊重 / 面会交流 / 子どもの自己決定 / 意思表明権 / 親権 / 手続保障 / 面接交渉権 / 合同面接 / 聴聞義務 |
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| Research Abstract |
This study, from the perspective of children's rights to express their views, explores how children's interests should be ensured when they are involved in family disputes such as divorce and child abuse. Children have the ability to make decisions according to their maturity level. It is necessary for parents and those around them to work toward dispute resolution with trust in children's ability and with consideration for their wishes, feelings and opinions.
More concretely, when it is inappropriate for a child to be in custody of his/her parent, because of parental child abuse for instance, and if the child wishes to be taken care of by someone other than his/her parent such as his/her grandparent, and if it is considered an appropriate solution in terms of the child's welfare, that person can be designated as the guardian under Civil Code 766. As for child-parent visitation after separation or divorce of the parents, custodial parent has the obligation to ensure visitation of the child with non-custodial parent on the premise that visitation is the children's right. In family court, "parent education program" should be introduced so that parents can understand the obligatory nature of visitation. There is a need to develop practices in which children as parties are involved in procedures including group meeting and joint family mediation through which the feelings of the children are conveyed to and accepted fully by the parents.
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Report
(4 results)
Research Products
(15 results)
