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Man kann sich nur allzu gut vorstellen, wie tief Brads Schmerz sitzen muss, schließlich liebt er seine Kinder über alles und würde alles tun, um die jetzige Situation zu verändern. „Es muss ihm einen Stich ins Herz gegeben haben, als er die Fotos gesehen hat, denn offensichtlich sehen seine sechs Sprösslinge ihn nicht mehr als Teil der Familie“, erklärt nun ein Insider aus dem Umfeld der Familie dem US-Magazin „Star“. Wir drücken Brad Pitt die Daumen, dass er es bald schafft, das gemeinsame Sorgerecht vor Gericht durchzusetzen!
Kinder, die nach der Trennung der Eltern zu gleichen Teilen bei Vater und Mutter leben, haben laut einer Studie weniger psychische Probleme
Bergen – Eine Woche Mama, eine Woche Papa: Verglichen mit anderen Ländern haben in Norwegen verhältnismäßig viele Kinder nach der Scheidung ihrer Eltern zwei Wohnsitze. Wochen- oder tageweise pendeln die Kinder zwischen dem Zuhause der Mutter und des Vaters hin und her. Aber was haben die Kinder von diesem Wechselmodell?
Dieser Frage sind Forscherinnen und Forscher des norwegischen Regionalzentrums für Kinder- und Jugendpsychiatrie und Kinderfürsorge (RKBU Vest) und Uni Research Health nachgegangen. In einer großangelegten Studie haben sie die psychische Gesundheit von Kindern und Jugendlichen, deren geschiedene oder getrennt lebende Eltern sich die Obsorge und Betreuung im Alltag nach dem Schlüssel halbe-halbe teilen, mit Kindern verglichen, die nach der Trennung ihrer Eltern ausschließlich oder überwiegend bei einem Elternteil leben. Mit dem Ergebnis: Kinder und Jugendliche, die nach der Trennung ihrer Eltern zu gleichen Teilen bei Vater und Mutter leben, haben weniger psychische Probleme als Kinder mit anderen Wohnsitzregelungen.
Doppelresidenzen im Aufwind
„Es zeigte sich, dass Jugendliche mit einem geteilten Wohnsitz nach einer Scheidung über weniger psychische Probleme berichten als diejenigen, die überwiegend mit einem alleinerziehenden Elternteil oder in einer Stieffamilie lebten“, sagt Sondre Aasen Nilsen, Studienautor und Forscher am RKBU Vest. Darüber hinaus stellten die Wissenschafter fest, dass Jugendliche mit einem geteilten Wohnort nicht mehr psychische Probleme hatten als junge Menschen, die mit ihren beiden nichtgeschiedenen Eltern zusammenlebten.
Es ist die bisher größte norwegischen Umfrage, die den Einfluss unterschiedlicher Varianten der Kinderbetreuung nach Scheidung oder Trennung auf die kindliche Entwicklung untersuchte. Rund 7.700 junge Menschen beantworteten ausführlich Fragen zur Scheidung ihrer Eltern, zu den finanziellen Ressourcen der Familie und dazu, wie und mit wem sie nach der Scheidung lebten. Die Forscher weisen aber auf eine Einschränkung hin: Die Studie verwendete Daten aus dem Jahr 1997. „Es fehlten uns Informationen darüber, wie junge Menschen sich heute in verschiedenen Wohnverhältnissen anpassen, nachdem viele Familien sich für eine Doppelresidenz der Kinder entschieden haben“, sagt Nilsen.
Geteilter Wohnsitz umstritten
In Norwegen ist in den letzten zehn Jahren die Zahl der Eltern, die sich nach einer Scheidung für ihre Kinder zwei Zuhause ausgesucht haben, stark angestiegen, wobei das Kind ungefähr genauso viel mit der Mutter wie mit dem Vater lebt. Mehrere internationale Studien zeigen eine Korrelation zwischen dieser Lebensform und weniger psychischen Problemen bei Kindern mit geschiedenen Eltern verglichen mit denen, die überwiegend bei der Mutter oder dem Vater leben.
Dennoch ist der geteilte Wohnsitz strittig. Nicht nur was die psychische Entwicklung der Kinder anbelangt, auch politisch ist der ständige Wechsel zwischen zwei Häusern ein Streitfall. Benötigt eine Doppelresidenz für Kinder getrennt lebender Eltern doch mehr finanzielle Mittel und auch entsprechende rechtliche Rahmenbedingungen. (chrit, 17.1.2018) http://derstandard.at/2000072401839/Glueckliche-Trennungskinder-haben-zwei-Zuhause?
Eine Woche Mama, eine Woche Papa oder doch nur jedes zweite Wochenende? Liebe User, welche Erfahrungen haben Sie in der Kindheit bei sich oder auch bei anderen gemacht? Oder wie versuchen Sie es bei Ihren Kindern zu lösen? Wo sehen Sie die Vor- und Nachteile bei den verschiedenen Modellen? (luh)
In einem Interview hat Arnold Schwarzenegger nun erklärt, dass er seinen Seitensprung bereue und er immer noch kein geschiedener Mann sei.
Arnold Schwarzenegger (70, „Terminator“) pflegte lange Zeit ein Saubermann-Image – egal ob als Schauspieler oder als Politiker. Auch seine scheinbar makellose Ehe mit Maria Shriver (61), der Nichte von John F. Kennedy, trug dazu bei. Die beiden heirateten 1986 und haben vier gemeinsame Kinder. Doch im Mai 2011 zerbrach die Ehe und es bahnte sich ein handfester Skandal seinen Weg an die Öffentlichkeit. Es wurde bekannt, dass Schwarzenegger seine Frau betrogen hatte und er der Vater des Kindes einer langjährigen Haushälterin ist. Ein Fehltritt, den der ehemalige Gouverneur von Kalifornien offenbar bis heute bereut.
In einem Interview für das neue Talk-Format „OJBECTified“ des US-Senders Fox sprach Schwarzenegger erneut über die Trennung von Shriver. In einem kurzen Teaser für die Show wird die Frage aufgeworfen, wie er jetzt, mit zeitlichem Abstand, über seinen Fehltritt denke. Darauf antwortete der 70-Jährige: „Ich brauche keine Zeit um darüber nachzudenken, wenn ich weiß, dass es ein großer, großer Fehler war“, so Schwarzenegger. Zudem bestätigte er, dass die Scheidungspapiere zwar bereits 2011 eingereicht wurden, die Scheidung aber noch nicht durch sei.
Die monatliche Statistik von FamilieFamilienrecht.wordpress.com zeigt internationales Interesse auf der ganzen Welt.
Insbesondere in den USA Vereinigte Staaten von Amerika mit über 4.000 Zugriffe im Monat.
In Deutschland sind es ungefähr 4.500, Österreich ~ 2.500 Zugriffe pro Monat.
Schweiz, Italien und viele Länder und diverse Inseln auf der ganzen Welt.
176 E-Mail Followern und wordpress Followern
If bitter divorces ever become an Olympic event, Omer Tsimhoni and his ex-wife,
Maya Eibschitz-Tsimhoni, might compete for the gold medal.
Their case in Oakland County became internationally infamous when the judge locked up the couple’s three children for refusing to have lunch with their father. But it’s also unique for its scale, cost and collateral damage.
21 lawyers, including 16 for Eibschitz-Tsimhoni alone
Three Oakland County judges and several trips to the Michigan Court of Appeals
Related cases filed in U.S. District Court in Detroit and also in courts in Israel
$400,000 plus in legal fees.
„It’s the most toxic case I’ve heard of since I’ve been practicing,“ said Birmingham lawyer Henry Baskin, who’s handled hundreds of divorces in almost 60 years of practice. „It’s war between these people. There’s hate, there’s vindictiveness. Everybody gets burned.“
Baskin, like many lawyers in metro Detroit, has watched the case closely. He’s never been hired by either side, but considering the number of lawyers who have been, he quipped „I think 20% of the bar is involved in the case.“
Oakland County Circuit Judge Lisa Gorcyca was nearing the end of her first year in office in December 2009, when she was assigned randomly case No. 766749-DM.
The DM code denotes a divorce case involving minor children. Gorcyca, an assistant prosecutor before being elected judge, was no stranger to hostile court proceedings. But it’s doubtful she could have anticipated that this particular divorce case would alter her career so dramatically.
„This case is every judge’s worst nightmare,“ Gorcyca’s lawyer, Thomas Cranmer, later told the Michigan Judicial Tenure Commission, in defending her actions.
Omer Tsimhoni is an Israeli citizen and a former pilot for the Israeli Defense Forces. He earned a doctorate in industrial engineering from the University of Michigan and now works as a General Motors researcher.
He’s lived most of his life in Israel, but currently resides in the U.S.
Maya Eibschitz-Tsimhoni is a pediatric ophthalmologist by training, who formerly taught at the U-M Medical School. A court filing indicated she’s let her medical credentials lapse but is working to restore them.
Court records show they married in 1995 in Israel, where they both grew up, then moved to the U.S. when she accepted a job in Ann Arbor. They had three children between 2001 and 2005, who were born in the U.S. but have dual citizenship.
In November 2008, Omer Tsimhoni returned to Israel to take a job with General Motors and hopes of bringing his family back with him eventually. The family moved to Israel but several months later, Eibschitz-Tsimhoni returned to Michigan with the children.
In December 2009, Eibschitz-Tsimhoni filed for divorce in Oakland, claiming the marriage had broken down and her husband was trying to take the children back to Israel.
Tsimhoni responded by filing court cases in Israel claiming his wife had kidnapped the children and also in U.S. District Court in Detroit, claiming she’d violated the Hague Convention, a multi-country treaty which seeks to protect children from abduction across international boundaries.
While the divorce case proceeded, Eibschitz-Tsimhoni was awarded temporary custody of the children and the acrimony soon escalated. He had once called police claiming his wife slapped his face as he tried to leave the house after an argument.
She later sought a personal protection order, claiming he assaulted her in front of her children. When the children visited their father, he was required to surrender his passport to Eibschitz-Tsimhoni, who held it until the children returned to her.
As the tensions grew, exchanging children became so hostile that police were needed to mediate the transfer. By September 2010, Gorcyca ordered psychiatric evaluations for the children, and the parents.
Two months later, Tsimhoni made his first claim of parental alienation, arguing his wife was deliberately turning the children against him. Eibschitz-Tsimhoni denied it, claiming the children were afraid of their father, whom she said had been abusive toward them and that she couldn’t force them to love someone.
The issue would continue for years.
In August, 2011, the judgment of divorce was entered, granting joint custody but with the children living with their mother most of the time. Tsimhoni was ordered to pay $1,750 a month in child support.
The acrimony continued with Omer Tsimhoni continuing to claim that his children had been poisoned against him, barely speaking to him when they were together.
Eventually the children began protesting spending time with their father at all, and Gorcyca sought to enforce their father’s rights to see them. She’d order the children to spend time with their father, but they refused. At one point, they linked arms in the hallway to try to prevent them from being taken into court.
By early 2015, Gorcyca began warning the children that if they continued to defy her orders, they could be held in contempt and sent to Children’s Village, the county’s youth shelter/juvenile detention center.
She also continued to pressure Eibschitz-Tsimhoni to facilitate parenting time for their father. Gorcyca grew so frustrated with the mother that that on April 2, 2015, she order Eibschitz-Tsimhoni to report to the court at 9 a.m. and be detained in the courthouse lockup until 4:30 p.m.
At a hearing on June 23, 2015, Gorcyca threatened to jail Eibschitz-Tsimhoni if the children didn’t improve their behavior toward their father.
She ordered the children to meet with their father the following day in her court. One of the children met with her father at 9 a.m. in the jury room beside Gorcyca’s courtroom, but word soon reached Gorcyca that the child was not interacting with Tsimhoni.
Gorcyca spoke to the child briefly, then wrote a script for Eibschitz-Tsimhoni to read to all the children, explaining that their father loved them. When three children returned to the jury room about 11:30 a.m., they still refused to communicate with their father.
Gorcyca began contempt hearings against the children. The oldest child apologized to Gorcyca but refused to apologize to his father, saying his father was violent and had hit his mother.
Gorcyca told the boy his behavior was the worst she’d seen in 46,000 cases.
„You, young man are the worst one,“ she said. „So you bought yourself living in Children’s Village going to the bathroom in public and maybe summer school.“
Sheriff deputies then handcuffed the boy, who was 14 at the time.
She compared the boy’s actions to those of cult leader Charles Manson and made a circular motion with her finger near her ear as she said it.
„Dad, if you ever think that he has changed, and therapy has helped him and he’s no longer like Charlie Manson’s cult, then you let us know,“ Gorcyca said.
She eventually held all three children in civil contempt and ordered them held at Children’s Village for the summer and scheduled a review of their detention for September.
„No one from Mom’s side is allowed to visit any child at Children’s Village,“ Gorcyca wrote in an order.
The Michigan Supreme Court last week ruled that Gorcyca committed judicial misconduct when she „directed disparaging and demeaning remarks“ at the children. It rejected a 30-day suspension recommended by the Michigan Judicial Tenure Commission and ruled that a public censure was enough.
News of the detention soon exploded in media coverage in the U.S., Europe and Israel. The case became a flash point in the parental rights argument.
Fathers‘ Rights groups ralliedto the side of Omer Tsimhoni, agreeing that he was the victim of parental alienation. Other groups rallied to the side of the mother, claiming the children can’t be ordered to love someone.
Facebook pages quickly sprung up promoting one side or the other. Two GoFundMe pages were set up to raise money for legal fees for Eibschitz-Tsimhoni, who would later acknowledge paying a public relations firm $10,000 to represent her side of the issue through social media and other means.
She also claimed to have spent more than $400,000 in legal fees, though at least one of her attorneys asked to quit the case over unpaid bills.
The children spent 17 days at Children’s Village before Gorcyca agreed to release them to attend a Jewish summer camp.
In July, 2015, Omer Tsimhoni asked the court to grant him sole custody of the children and in August, they were placed in a 5-day reunification program, aimed at addressing parental alienation. After that, Gorcyca gave their father temporary custody and ordered their mother to have no contact with them for 90 days.
Eibschitz-Tsimhoni wouldn’t see her children again in person for almost nine months, reuniting with them in April 2016.
In September 2015, Eibschitz-Tsimhoni accused Gorcyca of being biased and asked Gorcyca to recuse herself. Gorcyca refused.
Eibschitz-Tsimhoni appealed to Oakland County Chief Judge Nanci Grant, who declined to hear the request, citing a possible appearance of impropriety. The case was turned over to St. Clair County Judge Daniel Kelly, who ruled that Gorcyca should remain on the case.
The Michigan Judicial Tenure Commission filed a misconduct complaint against Gorcyca over her actions in the case. Gorcyca insisted she’d done nothing wrong, but asked Grant to reassign the case. She did, giving it to longtime Judge Joan Young.
Gorcyca was now off the case, but found herself battling the misconduct charges.
Judge Lisa Gorcyca guilty of misconduct in child custody case
Cranmer, Gorcyca’s attorney, later asked the Michigan Supreme Court to dismiss the charges, saying Gorcyca’s actions were a one-time occurrence, borne of years of frustration with the case.
„Everything that she did in this case … with the exception of the hearing on the 24th … indicates her good faith and due diligence,“ Cranmer said.
Lynn Helland, executive director of the Tenure Commission, disagreed.
„It is a referendum on whether Michigan permits its angry judges to insult, berate and ridicule children and demonstrate a loss of impartiality and with the barest of nods to due process, find a child in contempt of an order that didn’t exist,“ Helland said.
Oakland County has spent $111,000 in legal fees defending Gorcyca against the charges.
Commission head fired
Gorcyca wasn’t the only person to have her career affected by the Tsimhoni case.
In September 2016, Paul J. Fischer, the executive director of the Tenure Commission who filed the complaint against Gorcyca, was fired. He later claimed in a lawsuit that he was the victim of religious discrimination because he is an Orthodox Jew.
Fischer said that shortly after the news reports of the children being sent to Children’s Village, he received a letter from Roey Gilad, the consul general of Israel for the Midwest, expressing concern about Gorcyca and her handling of the children, who have dual citizenship.
Gilad wanted to speak to the children and asked Fischer to ask Tsimhoni’s lawyers to arrange it. Fisher eventually passed on the request, and when he ran into one of the lawyers at a social event, handed him Gilad’s business card.
He was eventually fired by a commissioner, who is not named in the lawsuit. That commissioner had previously told Fischer, „You’re Jewish, you speak Hebrew, you’ve been to Israel,“ the suit claims.
Fischer’s lawsuit is pending in U.S. District Court.
When Joan Young took over the case from Gorcyca, she quickly put both sides on notice that they needed to behave better.
„I like to think of this as an honorable profession … we should treat each other civilly,” Young said. She noted her disappointment at the hostile tone found in some of the pleadings, telling both sides she wouldn’t tolerate disparaging comments.
But both sides continued to fight the case. In January 2016, Eibschitz-Tsimhoni asked for custody of the children to be returned to her.
„The children lost their mother from their lives on June 24, 2016,“ Eibschitz-Tsimhoni’s lawyers wrote.
In early April, she was allowed to see them, but three days after their first reunion with their mother, their father asked again for sole custody of them.
In May, Young order the couple to take part in mediation and in June, Eibschitz-Tsimhoni was once again became primary custodial parent, having the children about 68% of the time.
Young retired in December 2016 after almost 30 years on the bench. The case was reassigned to Judge Victoria Valentine.
Eibschitz-Tsimhoni later asked for child support to help pay their expenses, saying in pleadings that she lives on an allowance from her parents in Israel of about $9,000 per month. Her ex-husband makes more than $200,000 and should pay more. she said.
Lawyers for both parents eventually withdrew from the case, but that didn’t end it. New pleadings continued to be filed as recently as earlier this month. The judgment of divorce was entered in 2011, but they continue to litigate other matters, most recently the sale of an Ann Arbor home.
Both parents now represent themselves.
Contact John Wisely: 313-222-6825 or firstname.lastname@example.org. On Twitter @jwisely
We all know how the saying goes – fall in love, then get married, then have a baby? For most people in love, a wedding is what they dream of. They seal their love for each other by exchanging vows and signing a marriage certificate, and live happily ever after. But… we all know that a Cinderella ending happens in fairy tales. In real life? Not so much. The happily-ever-after might fade and before we know it, it’s time to call a lawyer and say goodbye, even if there are things to consider… like children.
If there is a kid involved in a divorce, obviously only one parent will get custody of the child. The ideal situation is for both parents to seek mediation whereby they come to an amicable agreement without bringing it to court. Through this, the parents get to decide what is best for all parties and it’s also a lot more drama-free. But if both refuse to settle, this is where a custody battle comes in. It involves lawyers, money and the sole decider will be the judge.
Custody battles can get ugly, so Malaysians would want to think twice if they want to get a divorce if there are children involved. We’ve heard of many custody battles, but how does it actually work and what will cause you to lose the kid? We took a look at the Law Reform (Marriage and Divorce) Act 1976 (LRA) and here’s actually how easy it is to lose your child in a custody battle in Malaysia…
1. If you’re a dad and your kid is below 7 years
Malaysians have been seeing a pattern of custody being granted to more mothers than fathers. Image from mirror.co.uk
Meanwhile, the Syariah court states that the mother has a right of custody of a male child until he is 7 years old and a female child until she is 9 years old. Mothers may however apply to extend that right for the male child up to 9 years old and for the female child up to 11 years old. After that, the father has custody. If the child has reached an ‘age of discernment’, he/she can choose which parent to live with – the age of discernment is literally 8 years for the boy and 10 for the girl.
“Parental alienation (PAS) occurs when one parent disallows the other parent from communicating with their children. The dominant parent then brainwashes the child against the other parent, assuring the child that it is all right to ignore the other parent.” – R.S. Ratna, Pemalik President, The Malaysian Bar
2. If your spouse converts your kid to Islam without your knowledge
Indira Gandhi faced a custody nightmare when her ex-husband converted their kids to Islam and was granted custody by the Syariah Court. Image from The Malay Mail Online
Just so you know, Malaysia practices a DUAL justice system – civil law and Syariah law. Syariah law has a say over every Muslim in Malaysia and exclusively handles Islamic issues like family and religious matters. The two worlds never collided and everybody just kinda minded their own business, until people were accused of using the syariah law to their advantage and adding drama in custody battles.
Obviously these moms weren’t gonna go down without a fight, so Indira challenged the case through the civil courts. She won and was granted full custody of her kids in 2010, but then her ex husband, Muhammad Riduan still refused to return their youngest daughter to her despite the High Court instructing the police to find him. However, the police got confused about who they should listen to…the civil court or Syariah court?
S. Deepa was involved in a similar custody battle. Image from hakam.org.my
And then the Court of Appeal (a very high level court) said the civil court shouldn’t interfere over Islamic issues, and that’s how Minister in the PM’s Department Datuk Seri Azalina Othman suggested an amendment to the Law Reform (Marriage and Divorce) Act 1976. The new Bill will ensure that Indira and Deepa’s case will not happen again because conversion of a child under the age of 18 will now require consent of BOTH parents!
“Now we are saying that all marriages under civil law must be resolved by the civil courts, it doesn’t matter if one person converts to Islam, the marriage took place under civil law. This will in turn take into consideration the issue of custody of children, and those who were born out of the marriage under civil law, the civil courts should deal with these cases.” – Nazri Aziz, Tourism and Culture Minister, The Malay Mail Online
Interviews with children are common in Malaysia although it may not be the most effective method to achieve results, especially if the interviews are conducted by the judge only. Child interviews are a lot more complex than they look, and most family judges are not TRAINED in that department.
“It is not a simple case of asking the child simple questions like: ‘Who do you like more?’ or ‘Who is a better parent?’ Judges must understand that children may be coached or trained by the parent holding custody, so the questions have to be couched differently and judges will have to learn to read between the lines to get to the truth. They need a lot of training for that.” – Lalitha Menon, Bar Council’s Family Law Committee chair, The Star
Consultant psychologist Valerie Jaques also believes that the kids cannot fully be relied on to make such a major decision as they have not reached the full potential to make good decisions. Asking the kids to choose puts them in a difficult position as it creates a lot of stress, confusion and fear of rejection in them.
“This aspect could be improved by allowing the judge power to conduct the interview with a child psychologist, and/or pediatrician.” – Fahri Azzat, lawyer
4. If the welfare officer doesn’t like you
Custody may not be granted to both parents if they are deemed unfit. Image from Pinterest
“It is a shame when parties cannot agree. In those situations, the judge is the best person to decide. Welfare reports should be obtained, but in practice, they are not of much use and not commonly ordered. Our Welfare Officers are not specialists in child rights and family dynamics, especially in situations where families are breaking down.” – Honey Tan, The Malaysian Bar
Aiyaya, some experts say better if the judge listens to Welfare Officer, others say better if the judge decides himself… then how? All in all, it looks like it puts either parent in a very precarious position. Either one could lose their children if it were up to Malaysian law.
Think twice, thrice and as many times as you can before you get divorced if you have a kid
I know I’m very lovable but please stop fighting!! Image from think.kera.org
Overall, law experts and practitioners agree that Malaysian law is not perfect when it comes to custody battles.
To prevent all unnecessary stress on the kid, Pemalik has proposed for a panel to guide divorcing parents instead of them calling it quits there and then. The association proposed an Early Intervention Project where divorcing parents will have to discuss some serious stuff such as custody, finance, education and their kids’ upbringing before divorce do them part for good.
At the end of the day, it’s the children who might be most affected by a failed marriage, especially if it involves a daunting custody battle. You might think that they will get it over with after a while, but studies have shown that it’s something they carry with them for the rest of their lives. It will affect their studies, social relationships and psychological adjustment. After all, they are kids and their problems should only consist of not being able to eat ice cream for breakfast, not stuff like choose only one parent to live with.
Doppelresidenz – KindesUnterhaltFamily Law – Laws – Legal State Eltern-Kind-Entfremdung Parental Alienation Syndrome PAS Divorce – separation – austria
Children – Childhood
Fathers article – Children’s rights – Human rights
Judiciary Judge – Youth Office
Obsorge – Care – common – parental concern
Violence – Feminism
Fatherless company Double residency – child care
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