MARQUES, I. L. M.; MARQUES, Isabelle de Lira Monteiro.
Abstract:
This monograph discusses the effectiveness of Joint Guard in cases of parental
alienation. Shared custody, where a parent is using forms to alienate the children.
However, in cases of parental alienation, looking for the best way for such shared
custody to meet its goal of promoting the best possible coexistence between children
and parents, following the dissolution of the family entity, is a matter of considerable
debate. In this case, an examination of the obstacles encountered in application of
joint custody, as well the advantages and benefits to establish unilateral custody was
taken, looking into account the historic legal institution of the family, from its
formation to extinction. The goal is to consider the importance of differing custody
arrangements in the family. In particular, I discuss the effects of parental alienation
on the children, and the importance of mediation in family disputes in order to define
the appropriate form of custody. The methodology used was deductive in nature
through general study of the formation and dissolution of the family, emphasizing the
alienation of one parent as a result of this dissolution. Historical, comparative and
monographic methods were used to explore doctrines, research and law cases that
the subject is this theme. In this monograph, I highlight the difficulties encountered in
implementation of custody cases of parental alienation, and describe how mediation
can contribute to producing positive results in such cases