Family court proceedings and assessments of risks with respect to the well-being of the child have shown a continuous increase (Statistisches Bundesamt, 2019a). In contrast, research in this context, especially using data from real child protection cases, is still rather rare. Parental mental illness and the aspect of single parenthood have been identified as risk factors for child abuse, for family court proceedings, and for removals of custody (e.g., Bae, Solomon, & Gelles, 2007; McConnell, Feldman, Aunos, & Prasad, 2011; Simon & Brooks, 2017; Stith et al., 2009). So far, the main focus of research has been on the mothers. Research on the role of the fathers is rather spare (Black, Heyman, & Smith Slep, 2001; Kane & Garber, 2004; Stover, Urdahl, & Easton, 2012). Additionally, little is known about the inclusion of the child's voice in the judicial process. There has been no systematic investigation so far into what exactly children speak about when they are heard and how the child’s age is related to the consideration of the child’s voice. Nevertheless, hearing the child’s voice is a protective factor for the well-being of the child and the success of the proceeding’s outcome (Bessell, 2011; Cashmore, 2011; McLeod, 2007; Vis, Strandbu, Holtan, & Thomas, 2011).
This dissertation addresses these research gaps. It consists of three research articles and a synopsis. The latter places the research articles in an overall context. The dissertation is based on an analysis of the court files of 220 proceedings on child welfare pursuant to § 1666 of the German Civil Code. For this purpose, a specific category system was developed, validated, and applied by the raters. The analyses of inter-rater reliability yielded mostly good to very good results. The hierarchical data structure was taken into account in the hypothesis testing.
Parental mental health, operationalized as a daily functioning in everyday life, was found to be a significant predictor of the intensity of the removals of custody. The more severe the impairment of the mother or the father, the more intrusive the court outcome was. Mediation analyses showed a significant indirect effect of maternal functioning via child maltreatment on the judicial decision. The aspect of maternal single parenthood moderated this effect. The proceedings examined a total of 343 affected children. Of these children, 182 were interviewed about their wishes. Child's age was shown to be a significantly positive predictor for a child's hearing and for a correspondence of the child’s voice with the judicial decision. The children most frequently commented on where they wanted their main place of residence to be. Children also reported on their desire for contact and who should make decisions relevant to them. They named their parents most often. However, statements about other persons, the rejection of persons up to the wish to be taken into foster care were also recorded. The majority of the children wished to live with a person from whom maltreating behavior originated. In these cases, the family judges significantly less often followed the child's voice in their decisions. In accordance with their role, they thus placed the welfare of the child above the will of the child.
This dissertation replicated earlier findings in a sample of genuine family law proceedings. Previous findings were also extended, due to the methodological approach. In addition, for the first time the child’s voice as an element of the family law proceedings was focused in detail. Although a comparatively extensive sample was examined, more differentiated analyses, for example of the fathers, were not possible due to the small subsample of single fathers. Nevertheless, the research findings point to the importance of the father for research and practice. Further research should start here, focus on the differentiation of the examined variables and include further risk and protective factors. Examples are the parental readiness to treat mental illness or the sibling system. From a methodological point of view taking the family judges as further level into account seems worthwhile. In summary, this dissertation contributes to a better understanding of intra-family processes as well as the legal processes in the context of child maltreatment. In accordance with child protection as highest priority, this offers the possibility to more precisely implement interventions and to design them according to the needs of the individual family. | English |