As part of the consideration of issues in the field of parent-child relations (DRO), an important role is played dispute resolution stage and reasons - the reasons for its occurrence, age of the parties to the dispute, the involvement of the minor child in the subject of claims and objections.
Practice shows that the procedural time for consideration of a lawsuit in civil cases is significantly reduced, in order to determine the procedure for communication and the place of residence of a minor with one of the parents after the dissolution of the marriage, if the parties submit psychological studies (conclusions) in pre-trial procedure (in preparation for court hearings) the actual individual emotional state of the parent (s) and the child more clearly represent the position of their opponent.
A psychological study on family matters related to the protection of children's rights is submitted to the court in the form of a specialist opinion.
Within the framework of such a study, the following are established: the mental state and individual psychological characteristics of the child, the level of his mental development, the child’s attitude to each of the parents (other actual guardians, family members), individual psychological characteristics of the parents, features of the parental attitude, parental position, parenting style (identification of pathological style of education).
If necessary, the ability of the child (from 10 years old) to make an independent decision is established, for example, when determining the order of communication and living with one of the parents.
- child abuse (causing physical harm to health; humiliation; restriction in obtaining full-fledged care and attention (education));
- conflict of loyalty, in fact, this is a statement of the child before an independent choice with which parent to live together, a similar situation is highly stressful for the child’s psyche (because it helps to form a child’s guilt);
- induction ("programming") of the child negative attitudes towards the other parent;
Evidentiary value conclusion depends on its truthfulness, internal consistency, accuracy and reliability of all actions, assessments and conclusions of a specialist during and according to the results of the research process.
The child’s attitude to parents, as a complex psychological phenomenon, is influenced by many different factors and can vary significantly in the degree of emotional closeness and affection.
In family disputes about parenting, there are various forms of identifying the nature of the child’s relationship with each parent:
- conclusion of the guardianship and guardianship authorities;
- interrogation of the child in court;
- expert opinions.
When if the psychological research carried out and submitted to the court, including the conclusions of the forensic psychological and psychiatric examination (SPE) are in doubt, have direct signs of non-compliance with reality, and also are not complete, comprehensive, objective, which contradicts the requirements of Art. 8 of the Federal Law "On State Forensic Activities in the Russian Federation" dated 05/31/2001. No. 73-ФЗ ”, then as a rule the party applies for peer review, which in practice makes little difference.
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Basic questions in the framework of a psychological study:
Terms and Definitions:
Mental health - according to the definition of the World Health Organization (WHO), this is a state of well-being in which a person can realize his own potential, cope with ordinary life stresses, work productively and fruitfully, and also contribute to the life of his community.
Stress – (from the English. Stress - “pressure”, “tension”) emotional state arising in response to all kinds of extreme influences.
Anxiety - negatively colored emotion, expressing a feeling of uncertainty, expectation of negative events, hard-to-detect forebodings. Anxiety associated with the subconscious mobilization of the psychic forces of the body to overcome a potentially dangerous situation, is a source of suffering.
Fear - This is an internal condition caused by an impending or perceived disaster. From the point of view of psychology, it is considered a deeply negative emotion.
Manipulation – (lat.Manipulus, meaning "handful", "bunch", which in turn goes back to the words manus– “hand”, pleo - “fill”) - hidden control of a person against his will, bringing the initiator one-sided advantages. Manipulation is a psycholinguistic process, therefore, its study requires the integration of the results of psychological and linguistic research.
The main criteria for manipulation:
1) generic sign - psychological impact;
2) the attitude of the manipulator to another, as a means of achieving their own goals;
3) the desire to receive one-sided winnings;
4) the remote nature of the impact;
5) the use of (psychological) strength, playing on weaknesses;
6) motivation, motivational introduction;
7) impunity, as systemic behavior in the implementation of manipulative actions.
Deviant behavior (lat. Deviatio - Rejection) - this is a stable personality behavior, deviating from the generally accepted, most common and established social norms. Negative deviant behavior leads to the application of certain formal and informal sanctions by society (isolation, treatment, correction or punishment of the offender).
Destructive behavior - practical or verbal (verbal / verbal) manifestations of an individual’s internal activity aimed at destroying something.
Abuse — (eng. abuse - “violence”, “insult” and “abuse”), abuser - a person who commits mental violence - insults, humiliates, blackmails or forces a person to do something against his will.
* To humiliate, to “enslave” is only a means of achieving this goal, and the most radical goal of an abuser is to make him suffer, because there is no greater power over a person than to force him to endure suffering, and so that he cannot defend himself against it.
Examples from the context of research:
- “In this case, systematic insults and threats from D.Dyudyukin (father of the child), from the perspective of psychological science, are characterized as mental abuse since they have an adverse psychological effect on Ivanova M.Yu. (mother of a child), i.e. can cause stress disorder similar to post-traumatic. "
- “Most children living in families in which severe physical punishment, abuse of the child are“ methods of education ”, or in families where they are deprived of heat, attention, for example, in the families of alcoholic parents, there are signs of physical and nervous delay mental development. "
- “Raising a child in conditions of emotional and physical violence leads to deformation of the individual. A malicious, unfriendly atmosphere forms a low self-esteem - a consequence of the attitude of parents and significant adults to it. A small child - the object of rejection, punishment, threats, physical violence - begins to feel unwanted and unloved, begins to treat himself with hostility and contempt. ”
“The feeling that he is unwanted causes a child to have a deep sense of guilt and shame for his existence. The feeling of inferiority humiliates the child, so many such children do not even oppose violence against themselves out of a desire to cost something. Thus, a child - a victim of emotional abuse - grows up with the knowledge that he is bad and untenable in everything.
In the future, he reproduces the patterns of behavior already learned by him in his own life, including in communication with his children. ”
“Almost all children who suffered from abuse and neglect suffered a trauma that left an imprint in the form of personal, emotional and behavioral characteristics that adversely affect their future lives.”
“Today, having hit your son, in fact, you have hit the future grandson”