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PSYCHIATRIC LEGAL DECISION-MAKING: THE CHILD AND THE DIVORCE

Željka VUKŠIĆ-MIHALJEVIĆ
Drago GRUBEŠA


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Abstract

The threat of divorce for children lies in the disruption of
relationships with the parents. The struggle for and through the
children embodies the intense conflicts that often accompany the
failing marriage. This study deals with a case study of child
custody decision-making after its parental divorce and it points
out the psychodynamic aspect of psychiatric – legal decision-
-making. The objective of this case study is: 1. to analyse
psychodynamic effects of divorce on children and parents; 2. to
investigate the roles of postdivorce relationships, developmental
factors and child gender differences in the process of custody
decision-making; 3. to do a brief literature review in the field of
child custody. The results and the conclusions: 1. postdivorce
relationships and reactions among parents and children include
important psychodynamic and psychological changes of quality
and availability; 2. the study shows the important influence of
postdivorce relationships, developmental factors and child
gender differences in the process of child custody decision-
-making; 3. the study raised the question as to how important the
custody arrangement by itself is to the psychological adjustment
of the child; 4. child custody decision-making is a complex
interdisciplinary problem which deals with psychological, sociological,
psychiatric and legal aspects of the divorce; 5. professionals
who are responsible for child custody decision-making must
keep in mind that the custodial arrangement should fulfill the
conditions for the child's psychological task-resolving and that,
above all, the principle of acting in the best interest of the child or
adolescent and the principle of avoiding harm as much as
possible must prevail in custody decision-making.

Keywords

Hrčak ID:

16252

URI

https://hrcak.srce.hr/16252

Publication date:

31.12.2004.

Article data in other languages: croatian german

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