Research Handbook On International Family Law

The Research Handbook on International Family Law brings together a carefully selected array of experts to address legal topics pertaining to family relationships in a cross-border context, and international family law disputes. It shows how this independent field of study has developed, and continues to develop, and adeptly surveys the practice and regulation of international family law. This Research Handbook presents critical perspectives on complex issues arising in the field of international family law. It adopts an international approach, considering a range of jurisdictions and perspectives, and shows that, as the number of international families increases, so too does the potential for cross-border, family law disputes. The Handbook provides a scholarly overview of current research in international family law, and the contributing authors offer critical analysis of topics such as legal parentage, intercountry adoption, habitual residence, parental responsibility, child and family relocation, international child abduction, forced marriage, and the financial and property consequences of adult relationships. This Research Handbook is an essential reference work for scholars and researchers of family law and private international law. Likewise, legal practitioners working in the international family law arena will benefit from this important resource due to its focus on research, policy and practice.

Those not learned in the economic arts believe that economics is either solely or essentially concerned with commercial relations. And, so it was, originally. Then, in the second half of the 20th century, economists began applying their minimalist but sturdy tools to other human activities such as marriage, child-bearing, crime, religion and social groups. In this spirit, the Research Handbook on the Economics of Family Law gives us a series of original essays by distinguished scholars in economics, law or both. The essays represent a variety of approaches to the field. Many contain extensive surveys of the literature with respect to the particular question they address. Some employ empirical economics, others are more narrowly legal. They have in common one thing: each scholar employs a core economic tool or insight to shed light on some aspect of family law and social institutions broadly understood. Topics covered include: divorce, child support, infant feeding, abortion access, prostitution, the decline in marriage, birth control and incentives for partnering. This comprehensive and enlightening volume will be a valuable reference for those interested in law and economics generally and family law in particular.

The Research Handbook on International Family Law brings together a carefully selected array of experts to address legal topics pertaining to family relationships in a cross-border context, and international family law disputes. It shows how this independent field of study has developed, and continues to develop, and adeptly surveys the practice and regulation of international family law.

In an age of ethnic nationalism and anti-immigrant rhetoric, the study of refugees can help develop a new outlook on social justice, just as the post-war international order ends. The global financial crisis, the rise of populist leaders like Trump, Putin, and Erdogan, not to mention the arrival of anti-EU parties, raises the need to interrogate the refugee, migrant, citizen, stateless, legal, and illegal as concepts. This insightful Research Handbook is a timely contribution to that debate.

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.

Changes in family structures, demographics, social attitudes and economic policies over the last 60 years have had a large impact on family lives and correspondingly on family law. The Second Edition of this Handbook draws upon recent developments to provide a comprehensive and up-to-date global perspective on the policy challenges facing family law and policy round the world. The chapters apply legal, sociological, demographic and social work research to explore the most significant issues that have been commanding the attention of family law policymakers in recent years. Featuring contributions from renowned global experts, the book draws on multiple jurisdictions and offers comparative analysis across a range of countries. The book addresses a range of issues, including the role of the state in supporting families and protecting the vulnerable, children’s rights and parental authority, sexual orientation, same-sex unions and gender in family law, and the status of marriage and other forms of adult relationships. It also focuses on divorce and separation and their consequences, the relationship between civil law and the law of minority groups, refugees and migrants and the movement of family members between jurisdictions along with assisted conception, surrogacy and adoption. This advanced-level reference work will be essential reading for students, researchers and scholars of family law and social policy as well as policymakers in the field.

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.

This illuminating Research Handbook analyses the role that emotions play and ought to play in legal reasoning and practice, rejecting the simplistic distinction between reason and emotion.