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Federal Constitutional Court - Decisions of the Bundesverfassungsgericht - Federal Constitutional Court - Federal Republic of Germany

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Federal Constitutional Court (ed.)

Decisions of the Bundesverfassungsgericht - Federal Constitutional Court - Federal Republic of Germany

2013

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BVerfGE 55, 171 Order of the First Senate of 5 November 1980 – 1 BvR 349/80 “Custody case” Accommodation of the will of a child in a ruling on custody after divorce of the parents and ruling of the judge with jurisdiction on the question of the personal hearing of children under the age of 14 S. 156-165

„… into account in rulings on custody after the divorce of the parents (§ 1671.2 of the Civil Code), and …” „… had become final, both the complainant and his former wife claimed parental power for both children …” „… up the children, and went on to state: Since the daughter had clearly come out in favour of remaining …”

BVerfGE 61, 358 Judgment of the First Senate of 3 November 1982 – 1 BvL 25, 38, 40/80, 12/81 “Joint custody case” Decision regarding the exclusion of the joint custody of divorced parents S. 203-219

„… right and the obligation to care for the minor children after divorce, exists regardless of whether only …” „… custody of divorced spouses for their children is ruled out even if they are willing and suited to …” „… times per week to the home of his divorced wife in order to have contact with the children and spend …”

BVerfGE 105, 1 Order of the First Senate of 5 February 2002 – 1 BvR 105, 559/95, 457/96 “Post-marital maintenance case” Equivalence of family work and gainful employment in the assessment of post-marital maintenance S. 530-540

„… unexpected development in the period between separation and divorce deviating considerably from the normal …” „… the time of the divorce with a high degree of probabili- 531 ty, and if this expectation already …” „… marriage, and taking up of gainful employment during separation, as well as after divorce. aa) In …”

BVerfGE 103, 89 Judgment of the First Senate of 6 February 2001 – 1 BvR 12/92 “Marriage covenant case” Judicial review of agreements in a covenant of marriage concluded with a pregnant woman prior to the conclusion of marriage S. 475-490

„… waived therein and a spouse is released from paying maintenance for joint children. … I. 1. Covenants of …” „… claims for the time after divorce, and in doing so may indeed forgo maintenance altogether. Property law …” „… of the law on divorce and from fear of maintenance claims from his wife in the event of a divorce …”

BVerfGE 66, 84 Order of the First Senate of 10 January 1984 – 1 BvL 5/83 “Maintenance priority case” Priority under the law of maintenance for the divorced spouse with care of children S. 220-230

„… , on the one hand, the decision of the spouses to have children, and, on the other, the matter of …” „… the legislature’s concern to ensure the care and upbringing of the children is confined to those of …” „… the low income of the person liable for maintenance and for this reason their children will need to be …”

Index S. 937-956

„… of divorce 531 · equivalence of family work and gainful employment in the assessment of 530 · spousal …” „… divorce 670 marriage(s) – as a living arrangement of man and woman 395 – breakdown · irrefutable …” „… equality 27 – and major-age children, relations between 171 – as educators, priority over the state 51, 213 …”

BVerfGE 53, 224 Judgment of the First Senate of 28 February 1980 – 1 BvL 136/78, 1 BvR 890/77, 1300, 1440/78, 32/79 “Divorce law case” Dissolution of marriage according to the new law because of breakdown of marriage – also irrefutably presumed after three-year separation –; application to “prior marriages”; hardship clause S. 138-155

„… have lived apart for a year and both spouses petition for divorce or the respondent consents to divorce …” „… should not be dissolved by divorce, although it has broken down, if and for as long as the maintenance of …” „… particular reasons or if and for as long as divorce, by reason of extraordinary circumstances, would …”

BVerfGE 118, 45 Order of the First Senate of 28 February 2007 – 1 BvL 9/04 “Childcare maintenance case” Incompatibility of the different assessment of childcare maintenance because of the care or bringing up of children born in and out of wedlock (§§ 1570 and 1615 l.2 sentence 3 of the Civil Code) with Article 6.5 of the Basic Law S. 779-803

„… time from which age and from what number of children the divorced spouse has to take up gainful …” „… differently for children born in and out of wedlock. Order of the First Senate of 28 February 2007 – 1 BvL …” „… the care or bringing up of children in § 1570 of the Civil Code, on the one hand, and § 1615 l.2 …”

BVerfGE 31, 58 Order of the First Senate of 4 May 1971 – 1 BvR 636/68 “Spaniard case” Validity of fundamental rights (here: Article 6.1 of the Basic Law) for German international private law; freedom of marriage (act of marriage between a Spanish man and a German woman divorced by a German court) S. 100-121

„… between a foreigner and a German national who has obtained a divorce from a German court because the home …” „… recognise each and every foreign divorce on account of its being contrary to the Spanish ordre public, or …” „… his partner or the right to succeed and the rights to maintenance payments of any children born into …”

Titelei/Inhaltsverzeichnis

„… )” Permission for spouses and children of pre-trial detainees to visit outside general visiting days 122 9 …” „… after divorce of the parents and ruling of the judge with jurisdiction on the question of the personal …” „… monitoring of letters during pre-trial detention; written correspondence between adult children and their …”

BVerfGE 99, 145 Order of the Second Senate of 29 October 1998 – 2 BvR 1206/98 “Hague Child Abduction Convention case” Hague Child Abduction Convention; accommodation of the best interests of the child in the special case of converse child return applications S. 386-401

„… children. The children were first of all abducted from Germany to France by the mother and brought back by …” „… , on 7 July 1997 she travelled to France with both children, the complainants re 2. and 3., against the …” „… both parents are jointly entitled 390 to parental custody and that the children’s place of residence …”

BVerfGE 76, 1 Order of the Second Senate of 12 May 1987 – 2 BvR 1226/83, 101, 313/84 “Entry of aliens to join family members living in the Federal Republic” Waiting periods for the entry of aliens (Turkish and Yugoslavian nationals) to join family members living in the Federal Republic of Germany S. 245-286

„… half orphans and children of divorced or single persons) c) … d) spouses of aliens who entered the …” „… community and that minority-age children receive care and upbringing in household life together with their …” „… territory and any children living with him are affected in the scope of protection afforded by Article 6.1 …”

BVerfGE 84, 168 Order of the First Senate of 7 May 1991 – 1 BvL 32/88 “Case regarding custody rights for children born out of wedlock” Joint parental custody for children born out of wedlock S. 320-335

„… up their children] (Wächteramt des Staates) under Article 6.2 sentence 2 of the Basic Law and …” „… rights and discrimination against children born out of wedlock. I. 1. Under Article 6.2 sentence 1 of the …” „… , especially vis-à-vis third parties. The legislature invests the parents of children born in wedlock and the …”

BVerfGE 10, 59 Judgment of the First Senate of 29 July 1959 – 1 BvR 205, 332, 333, 367/58, 1 BvL 27, 100/58 “Case concerning parental power” Decision regarding the equality of the mother and the father (father’s final decision) S. 20-39

„… complainants are wives and the mothers of children who are minors. Their constitutional complaints directly …” „… mothers of children who are minors are affected themselves, presently and directly by the legislation (see …” „… cannot be dissolved, and the family is the broad community of parents and children within which the …”

BVerfGE 108, 82 Order of the First Senate of 9 April 2003 – 1 BvR 1493/96, 1724/01 “Biological father case” Decision regarding the legal position of the (putative) natural, but not legal, father and the constitutionality of §§ 1600 and 1685 of the Civil Code and § 1711 of the Civil Code old S. 642-668

„… Child, the legislature has given up the distinction between legitimate and illegitimate children in the …” „… paternity and have a relationship to their children, such a development would not in itself be a reason to …” „… responsibility of parents and children (see BVerfGE 80, 81 (90); 99, 216 (231-232)). The social structure and …”

BVerfGE 103, 242 Judgment of the First Senate of 3 April 2001 – 1 BvR 1629/94 “Long-term care insurance case” Long-term care insurance contributions for childcaring and child-raising members of social longterm care insurance S. 491-514

„… – GG) that members of social long-term care insurance who care for and raise children, and thereby in …” „… for and raise children are burdened with an equally high long-term care insurance contribution as …” „… children born between 1982 and 1995. He is in dependent employment, and is a voluntary member of statutory …”

BVerfGE 127, 132 Order of the First Senate of 21 July 2010 – 1 BvR 420/09 “Case regarding custody rights of fathers of children born out of wedlock” Decision regarding the parental right of the father of a child born out of wedlock; incompatibility of § 1626a.1 no. 1 and § 1672.1 of the Civil Code with Article 6.2 of the Basic Law S. 826-851

„… undertook, when they married, to take responsibility for each other and for their joint children, the …” „… have to ensure that fathers of children born out of wedlock who live together with the mother and the …” „… for their child. In view of the varying life conditions of children born out of wedlock, and in the …”

BVerfGE 28, 324 Order of the First Senate of 27 May 1970 – 1 BvL 22/63, 27/64 “Marriage clause case” Incompatibility of the marriage clauses in the orphans’ pension in social pensions insurance with Article 6.1 of the Basic Law S. 75-99

„… Insurance Act and in the Reich Insurance Code, the wording of which is identical, the children of a deceased …” „… allowance for maintenance assistance are granted both for married and for unmarried children (see §§ 265.2 …” „… unmarried and the married children of the deceased insured party, even though the latter form a family of …”

BVerfGE 80, 81 Order of the Second Senate of 18 April 1989 – 2 BvR 1169/84 “Case concerning the adoption of an adult foreigner” Right of residence of an adult foreigner adopted by a German S. 301-310

„… which regulate the relationship between parents and children apply to the family-law relationship …” „… (adoptive) children and their (German or foreign) parents is typically not dependent on such co-habitation …” „… between parents and adult children are customarily manifested. The domestic community between the parent …”

doi.org/10.5771/9783845237534

Axel Schmidt, Karl Westhoff - Kindeswohl interdisziplinär

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Axel Schmidt, Karl Westhoff

Kindeswohl interdisziplinär

2020

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IV. Anhang S. 261-318

„… ). Unpacking court divorce decrees, childrens’s outcomes, and three unconfounded determinants: An …” „… . Amato, P. R. (1993). Children’s adjustments to divorce: Theories, hypotheses, and empirical support …” „… . Amato, P. R. (2000). The consequences of divorce for adults and children. Journal of Marriage and the …”

III. Der Kindeswohlbegriff in den Humanwissenschaften S. 83-260

„… children’s capabilities and to the developmental tasks they face promotes a variety of highly valued outcomes …” „… of their children. They know when to soothe and support and when to push and demand more“. Baumrind …” „… etwa auf andere Einflussgrö- ßen: „the benefits of effective parenting are shared widely by children …”

I. Einleitung S. 13-24

„… evaluators are well acquainted with, and make use of, the existing body of empirical literature on divorce …” „… , parenting, child development, and children’s emotional and social adjustment for purposes of formulating …” „… simplistic research, replete with outdated findings and formulations is used in the area of divorce and …”

doi.org/10.5771/9783748904397

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Axel Schmidt, Karl Westhoff

Kindeswohl interdisziplinär

2022

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IV. Anhang S. 281-364

„… ). Children’s adjustments to divorce: Theories, hypotheses, andempirical support. Journal of Marriage and the …” „… divorce for adults and children. Journalof Marriage and the Family, 62, 1269–1287.Amato, P. R. (2001 …” „… ). Children of divorce in the 1990s: An update of the Amato andKeith (1991) meta-analysis. Journal of Family …”

III. Der Kindeswohlbegriff in den Humanwissenschaften S. 95-280

„… , S. 85) formuliert: „Parenting, that is sensitively at-tuned to children’s capabilities and to the …” „… of their children. They know when to soothe and sup-port and when to push and demand more“. Baumrind …” „… etwa auf andere Einflussgrö-ßen: „the benefits of effective parenting are shared widely by children …”

I. Einleitung S. 15-26

„… acquaintedwith, and make use of, the existing body of empirical literature on divorce, par-enting, child …” „… development, and children’s emotional and social adjustment forpurposes of formulating questions to guide the …” „… out-dated findings and formulations is used in the area of divorce and attachmenttheory and its effects on …”

doi.org/10.5771/9783748911029

Gerhard Bliersbach - Leben in Patchworkfamilien

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Gerhard Bliersbach

Leben in Patchworkfamilien

Series: Forum Psychosozial

Volume 2022

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Literatur S. 195-205

„… Children’s Interpersonal Relation-ships: A Meta-Analysis. Journal ofDivorce andRemarriage, 34(3/4), 19–47 …” „… (1999). Father Absence and the Welfare of Children. InE. Mavis Hetherington (Hrsg.), Coping With Divorce …” „… of Divorce and Remarriage, 30(1/2), 115–148.Ochiltree, Gay (1990). Children in Stepfamilies …”

Die dringendsten Fragen und Antworten S. 159-188

„… YoungChildren to Divorce: Elective Mutism, Tic and Erl-Königs Syndrome« von Jo-lene Oppawsky anhand von drei …” „… und telefonierte«(Nielsen, 1999, S. 128).Mit anderenWorten: Erhebliche Konflikte entstehen durch …” „… andere Position einnehmen. Er oder sie kann den Vater oder die13 Die dringendsten Fragen und Antworten160 …”

doi.org/10.30820/9783837979114

Ursula von der Leyen, Vladimir Spidla - Voneinander lernen - miteinander handeln

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Ursula von der Leyen (ed.), Vladimir Spidla (ed.)

Voneinander lernen - miteinander handeln

2009

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Willem Adema Family Support: Lessons from Different Tax/Benefit Systems S. 189-220

„… males Divorced females Number of divorces It can be estimated that in the period 2004 and 2006, i.e …” „… out-perform the OECD average on any of the indicators. Work and care commitments for young children are …” „… , Mexico, Poland and Turkey (Table 1). For parents with young children to participate in the labour market …”

Gunnar Andersson Family Policies in Sweden and the Swedish Life-cycle Model S. 159-170

„… labor-market adjustments, union formation and union dynamics, couples tend to consider having children. A …” „… . In terms of childbearing, the goal is to enable women and men to raise the number of children they …” „… population-replacement level of 2.1 children per woman. This was the case at the end of the 1970s and, again, in the mid …”

Xavier Bertrand Frankreich S. 39-64

„… practice: family formation and structure; employment and family life; and caring for children and older …” „… , and/or extend the rights and duties of unmarried couples, and of children in relation to their …” „… psychological benefits provided by children, as well as the direct economic, social and opportunity costs for …”

Hana Maříková Family policy in the Czech Republic: In search of a strategy S. 171-188

„… children who attended corporate, cooperative and public nurseries kept increasing. Children over the age …” „… children in regular, non-specific life situations and cases;6 d) a general overhaul of the public social …” „… (Čermáková 1995 and 1997) and the still relatively high gender pay gap (Trh práce 2006). Women with children …”

doi.org/10.5771/9783845212708

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