Legal Psychology Gerhard Ohrband ULIM University, Moldova 8 th lecture Psychological assessment of families

Course structure Lectures: 1. Introduction into Legal Psychology – Theories of crime 2. Correctional treatment 3. Victimology 4. Police psychology 5. Testimony assessment 6. Criminal responsibility 7. Judicial judgments 8. Psychological assessment of families

Course structure Seminars: 9. Eyewitness testimony 10. Jury decision-making 11. Child abuse 12. Prostitution 13. Rape 14. Tax evasion 15. Stereotypes and prejudices in the law system

1.Child care after parental divorce and separation 2.Regulation of visiting rights 3.Termination of parental rights 4.Reunification of children in foster care with the familiy 5.Adoption 6.The best interests of the child 7.Child’s will 8.Ability of the family to educate 9.International child abduction 10.The representation of legal interest of children and adolescents in Germany Content

1. Child care after parental divorce and separation According to § 1671 Abs. 2 BGB: two successive stages in the evaluation of the child’s best interests 1.If the termination of the joint parental care, and if yes, 2.The transmission of the parental rights to the solicitor correspond to the child’s best interests.

2. Regulation of visiting rights Problematic constellation for visiting rights: Extreme conflicts with near persons Integration in a new family Constant impedement of contact Influence of the child against another foster person Violation of the visiting obligation Not paid financial support Crimes of the solicitor for visiting rights Prostitution Proved abuse of sexual abuse Suspicion of sexual abuse Serious illness of the solicitor

3. Termination of parental rights § 1666, 1666a BGB Physical abuse (sexual abuse, neglect, psychological or emotional abuse) Intentional or unintentional, e.g. when parents are psychologically ill, or caused by a third party If both parents are not in the state to educate their child the family court orders a tutor for the child; if the parents lose only a separate domain of their parental rights the child receives for that domain a special assistant Before every intrusion in parental rights support measures most be tried first

4. Reunification of children in foster care with the familiy “classical” conflict between parents and foster parents Also change of foster parents And change from foster parents to an adopting family

5. Adoption Between 1993 and 2003 number of adoption in Germany has decreased continously (39%, from to 5.336) In 2003: 56% by a step parent, 6% by relatives, 38% by non-relatives Of the foreign adoptions 487 children from other countries 63 of were under 1 year between 1 and 3 years For 1 child free for adoption 13 solicitors

6. The best interests of the child Parent-related criteria -Educative capacity/supporting competence -Capacity and motivation for cooperation and communication between the parents and for separating the relation-dimension form the parental dimension -Bonding tolerance Child-related criteria -Relationships and bond of the child to his biological or social parents or other near persons -Relationships to syblings -Child’s will -Child’s need for personal and local continuity

7. Child’s will Counterarguments All human will can be manipulated, also that of adults Education is always influence, thus the child even has the right for influence Especially every loving act is influence, that is, every intelligently acting foster person influences If several person interact with the child and the child accepts the influence of only one and not others, one has to ask why it is so Every form of influence leeds to a “psychic imprint on the child”, which has to accepted as a reality

8. Ability of the family to educate Educative goals Educative attitudes Knowledge on education Educational behavior, capacity for intentional stability; sufficiently present rational behavioral control Caring behavior; Ainsworth (1977) – four aspects Empathy Interactive competence

9. International child abduction

10. The representation of legal interest of children and adolescents in Germany Dettenborn (2001): Criteria for determining the child’s will 1.Goal orientedness 2.Intensity 3.Stability 4.Autonomy

Literature Amato, P.R. & Gilbreth, J.G. (1999). Nonresident fathers and children’s well-being. Journal of Marriage and the Family, 61, Kelly, J.B. & Lamb, M.E. (2000). Using child developmental research to make appropriate custody and access decisions for young children. Family and conciliation courts review, 30, Langer, E.J. (1975). The illusion of control. Journal of Personality and Social Psychology, 32,