| Autor: |
Garber, Benjamin D., Prescott, Dana E. |
| Předmět: |
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| Zdroj: |
Southwestern Law Review; 2020, Vol. 49 Issue 2, p189-214, 26p |
| Abstrakt: |
The best interests of the child (BIC) standard requires that the courts take careful account of the child's needs in the process of resolving family conflicts. Chief among these is the child's need for continuity across what are commonly very disparate care environments. "Transitional objects" are those portable, idiosyncratic and beloved things that many children spontaneously adopt as one means of creating continuity and coping with anxiety. The present review defines the concept of the transitional object and identifies its neglected place in court-ordered evaluations, guardian ad litem investigations, and family law practice. Two specific cases--one American and one Canadian--are discussed as they mutually illustrate the importance of the child's transitional object in the BIC formulation. In both cases, the court identified one parent's mistreatment or rejection of a child's transitional object as a critical clue relevant to understanding that parent's capacity for child-centered caring and the future allocation of parenting rights and responsibilities. We amplify these findings, recommending that family law professionals can better serve children and fulfill the mandate of the BIC standard by validating the developmental value of a child's transitional objects. [ABSTRACT FROM AUTHOR] |
| Databáze: |
Complementary Index |
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