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dc.contributor.advisorRankin, P.
dc.contributor.authorVorback, Alta Maria
dc.date.accessioned2017-10-27T09:53:09Z
dc.date.available2017-10-27T09:53:09Z
dc.date.issued2016
dc.identifier.urihttp://hdl.handle.net/10394/25941
dc.descriptionPhD (Social Work), North-West University, Potchefstroom Campus, 2017en_US
dc.description.abstractParenting plans as a concept is new for mental health and legal professionals working in the field of child custody and control within the Namibian context. The new Child Care and Protection Act (3 of 2015) makes provision for parenting plans as an alternative to child custody and control evaluations. The Act has, however, not yet been implemented, due to regulations that need to be completed before implementation and training can start. Namibia is, therefore, in a transitional phase with many uncertainties regarding roles and responsibilities of professionals, as well as how parenting plans will be implemented and who will be responsible. Participants’ viewpoints are also mostly based on how they envision the process and what challenges might be experienced during the process. The main aim of the research was, therefore, to – - compare and contrast current child custody investigations and proposed parenting plans as mechanisms in serving the best interests of the child in Namibia; - establish, ascertain and discuss the views and perceptions of key professionals in the field of child protection in Namibia as far as the best interests of the child, child custody and control, as well as mediation, are concerned; - make suggestions on the implementation of the parenting plan. This was done through an explorative approach by means of – - a description of the principles regarding the best interests of the child as practised in Namibia; - a description of child custody and control investigations and reporting as conducted in Namibia; - a description of the process of developing parenting plans as envisaged in Namibia; - a comparison between child custody and control investigations and reporting, with the development of parenting plans as mechanisms in serving the best interests of the child; - the formulation of recommendations regarding child custody disputes in cases of divorce; - the formulation of recommendations regarding the implementation of the proposed parenting plan in Namibia. A combination of descriptive and explorative research was used. A literature review regarding the best interests of the child, children’s rights, child custody and control, mediation and parenting plans was conducted. The literature review for this study served to explain the theoretical underpinnings of the research study and also as a background for the interpretation of the qualitative data. The research was structured as follows: Article 1 comprises a comprehensive literature study on determining and defining the best interests of the child within the Namibian context. Article 2 comprises a comprehensive literature study on child custody and control evaluations as practised in Namibia. The researcher looked at the process of child custody and control in Namibia, but also highlighted the challenges. Article 3 comprises a comprehensive literature study on mediation and parenting plans as an alternative for Namibia. A comparison was made between parenting plans and child custody in the Namibian context. Article 4 describes the process in which child custody and control investigations were undertaken in Namibia. It, furthermore, presents an understanding of the possible challenges for professionals serving the best interests of the child in order to provide them with comprehensive recommendations regarding child custody and control, as well as parenting plans. The dominant research approach was qualitative, because the phenomena of child custody investigations and the envisioned parenting plans within the Namibian context were described and explored in depth. Non-probability purposive sampling was used. A wide variety of participants working in the field of child custody and control were chosen because wide-ranging consultation was regarded as necessary in view of the parenting plans as a new venture in Namibia. Seventeen research participants were selected for the purposes of the research. They consisted of three social workers in private practice, three social workers from the Ministry of Gender Equality and Child Welfare, one social worker from the Church Board of Benevolence, four lawyers (of whom three were also court-appointed mediators), one Commissioner of Child Welfare, one person from the Legal Assistance Centre (LAC), three psychologists and one advocate. An interview guide for semi-structured interviews was developed after preliminary discussions with one member from each of the groups; these semi-structured interviews were subsequently conducted with individual members of the same group. Data gathered from the discussions were used as guidelines for individual interviews. Respondents were asked to discuss their views of child custody and control reports pertaining to the best interests of the child as these are currently done in Namibia, and to compare the process with the envisioned parenting plans according to the new Child Care and Protection Act (3 of 2015). This Act will be implemented as soon as the regulations have been completed. Article 4 gives details of the recorded and transcribed interviews of the participants, as well as an analysis of the data that were discussed. From the data collected challenges were identified and recommendations were made to implement parenting plans in the best interests of the children of Namibia. The author is, therefore, of the opinion that Namibia is attempting to make provision for children’s rights and best interests. Proof of this can be seen in the legislation already in place and the new Child Care and Protection Act (3 of 2015). In divorce disputes in Namibia there are still a variety of challenges that need to be overcome to make children’s best interests of paramount importance, or to act according to the Namibian Constitution and the various international and national laws regarding children in Namibia. A general concern from respondents was the implementation of the new Act, as well as parenting plans, as part of a small fraction of a comprehensive and complex Act. Services in the field of child custody and family laws are still fragmented and mainly focused on parents’ rights. Services are presumably child-focused, but rarely child-inclusive. Lack of training and knowledge in the field of children, as well as cultural beliefs and perceptions regarding children, play a huge role in how children are dealt with in Namibia. Professionals are not networking but rather are working against each other. Furthermore, the fact that there is no standardisation or guidelines to assist professionals with child custody disputes and parenting plans complicate this even more. The challenges in this study were that opinions gathered were mostly about how respondents experienced child custody evaluation as practised in the past, with views on parenting plans and the new Child Care and Protection Act that had as yet not been implemented at the time of the researchen_US
dc.language.isoenen_US
dc.publisherNorth-West University (South Africa), Potchefstroom Campusen_US
dc.subjectNamibiaen_US
dc.subjectChild custody investigationen_US
dc.subjectMediationen_US
dc.subjectParenting plansen_US
dc.subjectBest interests of the childen_US
dc.subjectChildren's rightsen_US
dc.subjectLegislationen_US
dc.titleComparing parenting plans and child custody procedures in Namibia to serve in the best interests of the childen_US
dc.typeThesisen_US
dc.description.thesistypeDoctoralen_US
dc.contributor.researchID10057471 - Rankin, Pedro (Supervisor)


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