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Children in Migration and International Family Law: The Child's Best Interests Principle at the Interface of Migration Law and Family Law

Edited by: Stefan Arnold, Bettina Heiderhoff

ISBN13: 9783031715976
To be Published: January 2025
Publisher: Springer International
Country of Publication: Switzerland
Format: Hardback
Price: £44.99



This open access book offers readers a better understanding of the legal situation of children and families migrating to the EU. Shedding light on the legal, practical, and political difficulties at the intersection of international family law and migration law, it demonstrates that enhanced coordination between these policy areas is crucial to improving the legal situation of families on the move. It not only raises awareness of these "interface" issues and the need for stakeholders in migration law and international family law to collaborate closely, but also identifies deficits in the statutory framework and suggests possible remedies in the form of interpretation and regulatory measures.

The book is part of the EU co-financed FAMIMOVE project and includes contributions from international experts, who cover topics such as guardianship, early marriage, age assessment, and kafala from a truly European perspective. The authors' approach involves a rigorous analysis of the relevant statutory framework, case law, and academic literature, with particular attention given to the best interest of the child in all its facets. The book examines how this principle can be more effectively applied and suggests ways to foster a more fruitful understanding of its regulatory potential.

Given its scope and focus, the book will be of interest to researchers, scholars, and practitioners of Private International Law, Family Law, and Migration Law. It makes a valuable contribution to these fields, particularly at their often-overlooked intersections.

Subjects:
Immigration, Asylum, Refugee and Nationality Law, Children
Contents:
Children in Migration and International Family law - an introduction
An Introduction to FAMIMOVE, its accomplishments and its challenges
The child's best interests in international jurisdiction under the Brussels IIter Regulation
The Child's Best Interests Principle in EU Law on Third-Country Nationals
Binding effect of an age assessment
Guardianship of children in the context of migration in Hungary
Guardianship and other protective measures for minor refugees in Germany
A European Approach to Cross-Border Guardianship
Early Marriages in Sweden
Early Marriage in Germany - Law and Politics of Cultural Demarcation
Early Marriages in Austria - private international law and ordre public assessment
Early Marriage - a European Perspective
Beyond kafala: How parentless children are placed in new homes in Muslim jurisdictions
Kafala in France
Kafala in the Netherlands
Kafala in Belgium: private international law as an essential tool to establish migration law consequences?
Principles to ensure a cross-border kafala placement is in the best interests of the child
Recognition of kafala in European member states - need for a uniform approach?
The Role of the Court of Justice in Shaping the Right to Maintain Family Unity for Beneficiaries of International Protection
Polygamous marriages and reunification of families on the move under EU law: an overview