This companion provides scholars and postgraduate students with a comprehensive and authoritative review of current research in the area of international family law. Bringing together contributors from across a range of jurisdictions and legal traditions, the authors provide a concise but critical review of existing legal and informal regimes, including that of national and regional legislative bodies and courts, and the Hague Conference on Private International Law. Globalization and the vast migrations of capital and labour that have accompanied it in recent decades have transformed family law in once unimaginable ways. Families have been torn apart and new families have been created. Borders have become more porous, allowing adoptees and mail order brides to join new families and women fleeing domestic violence to escape from old ones. People of different nationalities marry, have children, and divorce, not necessarily in that order. They file suits in their respective home states or third states, demanding support, custody, and property. Otherwise law-abiding parents risk jail in desperate efforts to abduct their own children from foreign ex-spouses. Each chapter surveys the current state of research on each topic. While the subject is continually evolving, the authors reflect current thinking and point to directions for future research.
Table of Contents
Introduction Part I Marriage and Marriage-like Relationship 1. Marriage, Maebh Harding 2. LGBTQ Relationships, Nicholas Bamforth 3. Customary Marriages, Thandabantu Nhlapo Part II Divorce 4. Divorce, Barbara Stark 5. Post-divorce Maintenance for Spouses, Geoffrey Shannon 6. Distribution of Property on Divorce, Bill Atkin 7. International Family Mediation: Recent Developments, Nuria Gonzalez-Martin Part III Children 8. Child Custody and Cognate Concepts: The Challenges, Elaine Sutherland 9. Child Support, Margaret F. Brinig 10. Adoption, Barbara Stark 11. Personal Relations and Contact Concerning Children, Frederik Swennen Part IV Human Rights Within and Affecting the Family 12. Children’s Rights within the Family, Geraldine Van Bueren 13. Reproductive Rights, Rachael Rebouche 14. Surrogacy, Dr. Phillipp Reuss 15. Father’s Rights: Japan as a Different Paradigm, Colin Jones Part V The Family and the State 16. Theories of Family Law and the State, Aziza Ahmed 17. Domestic Violence, Rashida Manjoo 18. Transnational Families – The Right to Family Life in the Age of Global Migration, Edit Frenyó