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Issues » 2019/1 - ERIS Journal - Winter 2019 »

Monika Chrenková, Kateřina Cilečková, Alena Vaňharová

The Participation of Minors in the Proceedings Regarding Their Upbringing and Maintenance


Abstract:

OBJECTIVES: The objective of the quantitative research was to find out how and to what extent minors are engaged in the court proceedings regarding their upbringing and maintenance, and whether the court takes their views into account when it comes to decision-making. THEORETICAL BASE: It is based on legislative and professional legal literature. The research is rooted in two key concepts – child participation and the form of their participation. METHODS: The research sample was made up of court decisions involving the upbringing and maintenance of minors, and finally and firmly terminated in 2015 and 2016 at two district courts in the Moravian- Silesian Region. The content analysis of documents was used to collect the data. OUTCOMES: The resulting data brings interesting and often alarming findings that are in conflict with valid legislation, but they often confirm the rigid Czech judiciary practice in the area of decision-making when it comes to the upbringing of a minor. SOCIAL WORK IMPLICATIONS: The research results can be used for both the professional public in the area of the social and legal protection of children and the judicial practice.


Keywords:

child, participatory rights, legal proceedings, upbringing, maintenance




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