Child-Custody Adjudication: Judicial Functions in the Face of Indeterminacy

Mnookin, Robert H.

doi:10.2307/1191273

Cited by 268 publications

(156 citation statements)

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“…Canada or Belgium, cf. Mabry, 2011;Mnookin and Verbeke, 2009), whereas language conflicts are less common in other multilingual countries (Kreander and Sundberg 2007). Finland, for example, is a multilingual market with a history of political compromises concerning language (Andersson and Herberts 1996).…”

Section: H4: Perceived Second Language Proficiency Moderates the Inflmentioning

confidence: 99%

Consumer willingness to communicate in a second language

Holmqvist

Vaerenbergh

Grönroos

2014

Management Decision

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Consumer willingness to communicate in a second language: Communication in service settingsPurpose -The service management literature emphasizes the importance of communication, but language difficulties can make communicating in business settings more difficult. This paper addresses consumer willingness to communicate in a second language to identity the antecedents that drive consumer language preferences.Design/methodology/approach -The paper presents the findings of an empirical study in two multilingual countries with a total of 361 adult respondents.Findings -The findings show perceived control to be the strongest antecedent of consumer willingness to communicate in a second language, and identifies second language skills as an antecedent in countries with little political tensions related to language, while political considerations is a strong antecedent in countries where language use is political.Research limitations/implications -The study is limited to countries with more than one official language. While multilingual countries make up around 2/3 of the world's population, future research could test whether the same antecedents are applicable in monolingual societies.Practical implications -The findings help managers to understand in which situations consumers may be willing to switch language, and in which situations it is important to serve consumers in more than one language.Originality/value -The paper is the first to draw upon both the service management literature and the sociolinguistic literature to develop and test a model to explain consumer language preferences.Keywords: service encounters, language, perceived control, willingness to communicate Article classification: Research paper 3 INTRODUCTIONService management research has long recognized that the globalization of business is changing companies' interactions with consumers (Grönroos, 1994). In an increasingly global and multilingual world, managers face the challenge of both managing transnational and multilingual organizations (Maclean, 2006), serving consumers speaking different languages, and understanding which language consumers prefer to use in different situations (Holmqvist and Grönroos, 2012). Building on the view of the service encounter as a dyadic interaction in which consumers actively participate (Surprenant and Solomon, 1987), service research emphasizes that interactions in which both the consumer and the service personnel play integral roles strongly influence services (Bitner, 1990;Grönroos, 2008). As the actual interaction between the consumer and the company is a crucial part of how consumers perceive service encounters (Bitner, 1990), communication quality play an important role for the outcome of the interaction (Sieg et al., 2012). Moreover, the emergence of the service logic mandates increased attention to the importance of the consumer as a value creator during interactions (Grönroos, 2008;Vargo and Lusch, 2004;Vega-Vazquez et al., 2013).Despite the emphasis on the importance of understanding how consumers com...

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Section: H4: Perceived Second Language Proficiency Moderates the Inflmentioning

confidence: 99%

Consumer willingness to communicate in a second language

Holmqvist

Vaerenbergh

Grönroos

2014

Management Decision

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“…There are additional problems in deciding what the measure of 'best' is to be. Mnookin (1975) states that this 'poses a question no less ultimate than the purposes and values of life itself'. Despite this, the welfare test is still felt to have an important symbolic and moral value, reminding us that children must be protected from harm and given every opportunity to become healthy, well-developed adults (King, 1987;Cretney and Masson, 1997).…”

Section: Discussionmentioning

confidence: 99%

New families, old values: considerations regarding the welfare of the child

Golombok

1998

Human Reproduction

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“…363A.03, of a proposed custodian or the child shall not be determinative of the custody of the child, unless the proposed custodial arrangement is not in the best interest of the child); the capacity and disposition of the parties to give the child love, affection, and guidance, and to continue educating and raising the child in the child's culture and religion or creed, if any; the child's cultural background; the effect on the child of the actions of an abuser, if related to domestic abuse, as defined in section 518B.01, that has occurred between the parents or between a parent and another individual, whether or not the individual alleged to have committed domestic abuse is or ever was a family or household member of the parent; and except in cases in which a finding of domestic abuse as defined in section 518B.01 has been made, the disposition of each parent to encourage and permit frequent and continuing contact by the other parent with the child [12]. Far from clear, the standard has been described as vague and indeterminate due to the varying determinations among states' methods in deciding the custody arrangement [13]. Furthermore, even when the evidence supports a different conclusion, the trial court's custody determination will not be disturbed if the evidence supports the trial court's conclusions [14].…”

Section: A Overview Of Custody Lawmentioning

confidence: 99%

A Practitioner’s Viewpoint: Effectively Representing an Incompetent Client in Custody Proceedings

Spangler¹,

Stefano²

2013

IJSSH

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Abstract-The court must consider the physical and mental health of all individuals involved in awarding custody. However, an individual's mental health can affect the individual's ability to participate in the case. That is, in some cases, the individual's mental health has so greatly affected the individual's abilities that he or she is not competent to participate in the proceeding. In that circumstance, the legal practitioner is confronted with legal and ethical issues. Both the federal and state constitutions recognize a party's constitutional right to participate in a legal proceeding determining the custody of her child. In Minnesota, under Rule 1.14, an attorney may take reasonably protective action, and seek the appointment of a guardian ad litem, conservator, or guardian if the attorney believes that a client with diminished capacity is at risk of substantial physical, financial, or other harm unless action is taken and that the client cannot adequately act in her own interests. This paper will explore the topic through two custody case studies one in a divorce proceeding and the other in a paternity proceeding, and the attorney's use of forensic experts to assist us in advocating for our incompetent clients in custody cases.Index Terms-Custody, due process, ethics, mental competency. I. INTRODUCTIONRepresenting a client in a custody proceeding is often a complex, complicated endeavor for an attorney. This is particularly due to the nature of contested custody cases which are often volatile and high conflict. However, the complexity of a contested custody proceeding increases substantially when an attorney's client is incompetent due to the inability of the client to assist counsel in defending the case. Moreover, the client has constitutional due process rights in cases involving the custody of a child. Balancing the wishes of a client who is incompetent with his or her due process rights is extremely challenging. The challenges increase due to the numerous practical and ethical issues that an attorney must take into consideration and analyze in a case where an attorney believes that a client is incompetent.This article provides a practitioner's viewpoint on the situation in which an attorney is faced with moral and professional dilemmas while representing a client the attorney believes is incompetent. There are numerous laws and rules that intersect with each other, including statutory laws, constitutional laws, and the rules of court. Part II provides an overview of custody law outlining Minnesota's Manuscript received April 3, 2013; revised June 25, 2013. This work was supported in part by Spangler and de Stefano, PLLP.The authors are with Spangler and de Stefano, PLLP, St. Paul, MN 55105, USA (e-mail: evon_spangler@qwestoffice.net, perry_destefano@qwestoffice.net)."best interests of the child" standard for dealing with custody disputes, and an overview of constitutional law as it applies to custody proceedings. The Minnesota "best interests of the child" standard provides no guidance to an attorney...

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Child-Custody Adjudication: Judicial Functions in the Face of Indeterminacy

Cited by 268 publications

References 0 publications

Consumer willingness to communicate in a second language

Consumer willingness to communicate in a second language

New families, old values: considerations regarding the welfare of the child

A Practitioner’s Viewpoint: Effectively Representing an Incompetent Client in Custody Proceedings

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