A comparative look at divorce, laws and the best interests of the child after parental separation in Brazil and England

Mendes, Josimar Antônio de Alcântara and Ormerod, Thomas (2021) A comparative look at divorce, laws and the best interests of the child after parental separation in Brazil and England. Revista da Faculdade de Direito UFPR, 66 (2). pp. 95-126. ISSN 0104-3315

[img] PDF (CC BY 3.0 BR) - Published Version
Download (1MB)

Abstract

Assuring the best interests of the child (BIC) in child custody cases after parental separation is a hard task for the legal actors involved. Many factors play a role by modifying and shaping legal decision-making processes. Depending on the dynamic of such factors, the decision-making process can be more or less difficult. This paper presents a narrative review that offers a comparative look at Brazil’s and England’s legal processes and contextual issues involved in child custody cases after parental separation. The paper discusses understandings and guidance regarding the BIC as well as regulations concerning the relationship between children and their parents and divorce. The paper reveals that legal and cultural issues can shape those understandings and guidance, and can lead to significant differences in judicial process concerning child custody in each country. In particular, cultural and legal differences between the English common law and the Brazilian civil law systems (e.g., conceptions towards ‘custody’; parental responsibility; custodial arrangement; and the judicial process in child custody cases) can impact the decision-making process and the child’s best interests

Item Type: Article
Schools and Departments: School of Psychology > Psychology
SWORD Depositor: Mx Elements Account
Depositing User: Mx Elements Account
Date Deposited: 09 Nov 2021 08:48
Last Modified: 09 Nov 2021 08:50
URI: http://sro.sussex.ac.uk/id/eprint/102754

View download statistics for this item

📧 Request an update