1st Edition

Routledge Handbook of International Family Law




ISBN 9781472483829
Published February 20, 2019 by Routledge
326 Pages

USD $175.00

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Book Description

Globalisation, and the vast migrations of capital and labour that have accompanied it in recent decades, has 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.

The aim of this Handbook is to provide scholars, postgraduate students, judges, and practioners with a broad but authoritative review of current research in the area of International Family Law. The contributors reflect on a range of jurisdictions and legal traditions and their approaches vary. Each chapter has a distinct subject matter and was written by an author who was invited because of his or her expertise on that subject. This volume provides a valuable contribution to emerging understandings of the subject.

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

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Author(s)

Biography

Barbara Stark is Professor of Law and Hofstra Research Scholar at the Maurice A. Deane School of Law at Hofstra University, where she teaches Family Law, International Law, Human Rights, and International Family Law.

Jacqueline Heaton is Professor of Law at the University of South Africa. She specialises in Family Law, Law of Persons, and Child Law.