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Research Handbook on International Family Law

Edited by: Janeen M. Carruthers, Bobby W.M. Lindsay

ISBN13: 9781802207415
To be Published: June 2024
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £205.00



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.

Providing a scholarly overview of current research in international family law, this Research Handbook presents critical perspectives on complex issues arising in the field. 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 perspectives on complex 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 essential Research Handbook is a fundamental reference work for scholars and postgraduate researchers of family law and private international law. Likewise, legal practitioners working in the family law arena will benefit from this important resource due to its focus on research, policy and practice.

Subjects:
Family Law
Contents:
1. Introduction to the research handbook on international family law 2
Janeen M Carruthers and Bobby WM Lindsay
2. Legal parentage and private international law: the establishment, contestation and recognition of children’s legal parentage 12
Laura Carpaneto
3. Intercountry adoption: preventing and addressing illicit practices 32
Onyója Momoh
4. Habitual residence and nationality as personal law connecting factors in
European private international law 53
Magdalena Pfeiffer
5. Gender, identity and private international law 72
Susanne Lilian Gössl
6. Parental responsibility: cross-border recognition and enforcement of decisions and agreements in family matters involving children – problems of policy and practice 89
Kirsty J Hood KC
7. Protection of children at risk in a cross-border context – problems of policy and practice 109
Ruth Lamont
8. International child relocation after relationship breakdown 130
Rhona Schuz
9. International child abduction, migration and asylum: what happens when child abduction, migration and asylum collide? 153
Maria Caterina Baruffi
10. Marriage and cohabitation in private international law: regulating de jure and de facto relationships 172
Lauren Clayton-Helm
11. Child, early and forced marriage – protecting rights and freedoms in the international context 193
Janeen M Carruthers and Felicity Belton
12. Family maintenance and private international law 215
Lara Walker
13. Dissolution of adult relationships and the cross-border dimension 238
Máire Ní Shúilleabháin
14. Matrimonial and family property regimes in the cross-border European context 261
Ilaria Viarengo
15. Encouraging out-of-court resolution in cross-border family disputes 284
David Hodson OBE KC (Hon)
16. The contribution of the UK Supreme Court to international family law 306
Bobby WM Lindsay
17. The contribution of the Court of Justice of the European Union to international family law 330
Cristina González Beilfuss
18. The contribution of the United States Supreme Court to international family law 348
Ann Laquer Estin
19. International family law and the UN sustainable development goals 2030 363
Verónica Ruiz Abou-Nigm and María Mercedes Albornoz