Brussels II-Ter: Cross-border Marriage Dissolution, Parental Responsibility Disputes and Child Abduction in the EU by Michael Hellner; Nigel Lowe; Costanza Honorati The recently recast Council Regulation No 2019/1111 (' Brussels II-ter' ), which came into force in August 2022, is the key EU family law Regulation. It governs jurisdiction, recognition and enforcement in matrimonial matters (principally divorce), matters of parental responsibility (principally, custody and access), and international child abduction.This book provides an in-depth discussion of this complex Regulation. Written by three renowned experts, this comprehensive analysis benefits from the collective scope of their experience and knowledge not only of their jurisdictions (Italy, Sweden and the UK) but also more generally of international family law and private international law. Brussels II-ter: Cross-border Marriage Dissolution, Parental Responsibility Disputes and Child Abduction in the EU provides not only a clear exposition of the Regulation' s provisions, but also supplies a critical evaluation of these, highlighting the undoubted improvements made by Brussels II-ter while simultaneously exploring its more problematic aspects. An exposition of the relationship between the EU and the UK following Brexit concludes this volume.

Children's Right to Identity, Selfhood and International Family Law by Marilyn Freeman; Nicola Taylor (Editors) This pioneering book explores the child's right to identity, and the concept of selfhood, in both domestic and cross-border contexts. It highlights life events and transformations that children and young people often experience in the field of international family law and related areas which may impact on their identity, and considers the legal protections available to them. The book analyses the psychological and sociocultural factors that contribute to identity formation and discusses how this can sometimes be damaged or disrupted by significant life experiences and adversities. How the law can be used to best protect children at risk of interrupted or maladjusted identity development is also addressed. Adopting an interdisciplinary approach, the book begins with contributions examining the formation of childhood identity, analysing psychological and cultural perspectives on development. These provide insight into how the child's right to preservation of their identity is currently interpreted and applied under Article 8 of the UN Convention on the Rights of the Child, and how this is interpreted and applied in international and domestic legal settings. The book highlights the likely consequences of conflict, discrimination and oppression on children and young people, revealing how the associated events and transitions, as well as those emanating from more positive foundations, often influence the evolution and integration of their identities over time. To conclude, the book suggests a range of improvements to help ensure that children's right to identity is more frequently taken into account in the international family justice field, ultimately improving the decisions being made about vulnerable children and young people. Children's Right to Identity, Selfhood and International Family Lawis designed for students, academics, and all professionals and practitioners in family and human rights law. Its focus on practical methodologies makes it an essential read for lawyers, judges, mediators, social workers, counsellors, NGOs, child/family support organisations, and family members whose children experience identity-impacting changes to their lives.

EU Private International Law in Family Matters: Legislation and CJEU Case Law by Costanza Honorati; Maria Caterina Baruffi The volume collects all the relevant instruments in the field of EU private international law in family matters as completed by referencing all decisions issued by the CJEU on these Regulations.

European Private International Family Law: The Brussels IIb Regulation by Michael Wilderspin European Private International Family Law provides a comprehensive examination of the new Brussels IIb Regulation (Regulation 2019/1111). This regulation replaces the Brussels IIa Regulation, which has been the cornerstone of European private international family law since August 2004, and is applicable from 1 August 2022. In this volume, Michael Wilderspin provides a subject-by-subject, article by article commentary, which analyses in detail every provision of the new regulation. This analysis covers key topics including jurisdiction, the recognition and enforcement of decisions in matrimonial matters, matters of parental responsibility, and international child abduction. Michael Wilderspin also examines relevant cases from the European Courts of Justice and national courts, and the principles derived from them. Furthermore, this book explores the difficulties and complications that can arise between this regulation and other international instruments, such as the Hague Child Protection Convention 1996. The commentary also offers practical assistance on how properly to apply the new regulation and highlights where it has changed in relation to the previous one.

Family Law Across Borders by Melissa Kucinski; Bruce Hale; Michael Coffee This casebook provides a comprehensive, accessible, and up-to-date analysis of family law from comparative and private international law perspectives. It emphasizes the need to examine complex cross-border family situations by comparing legal systems and understanding the jurisdictional overlay, with a particular focus on the United States. The casebook addresses some of the most intimate and legally complicated situations in which cross-border families find themselves, including the validity of foreign marriages, simultaneous divorce proceedings in multiple countries, the changing law in creating families using adoption and assisted reproductive technology, and how to remedy an international parental child abduction. In addition, the book dives into the importance of judicial assistance treaties and laws when understanding the legal issues, including the necessity to have proper service in a foreign country, obtaining evidence overseas, and authenticating foreign public documents. This book is a superb companion for law students and practitioners alike, and can readily be used in a traditional theory-based class and in practicum courses. It provides substantive material for a course on International Family Law, or can supplement a course on Family Law, International Law, or Comparative Law.

Family Law in Britain and America in the New Century by John Eekelaar (Editor) In Family Law in Britain and America in the New Century: Essays in Honor of Sanford N. Katz nineteen leading family law scholars in the US and Britain pay tribute to Sanford Katz, Darald and Juliet Libby Millennium Professor Emeritus and Professor of Law, Boston College Law School by giving a critical account of developments in family law in their jurisdictions since 2000. Areas covered include the institution of marriage, financial and property issues, parents and children, the state and children, access to justice, and international issues as well as an overview by the Editor. The volume will provide a stimulating and accessible account of the state and current direction of travel of family law in those countries.

International Family Law Practice, 2021-2022 by David Hodson As a consequence of the increased mobility of families between different countries, family lawyers are now frequently faced with international issues arising in their cases. This major practitioner reference work provides comprehensive coverage of the international elements of English law, and includes all relevant source material, thereby providing an indispensable guide for solicitors, barristers and the judiciary to this rapidly expanding area of law and practice.

Minority Religions Under Irish Law : Islam in National and International Context by Kathryn O'Sullivan (Editor) Minority Religions under Irish Law focuses the spotlight specifically on the legal protections afforded in Ireland to minority religions, generally, and to the Muslim community, in particular. Although predominantly focused on the Irish context, the book also boasts contributions from leading international academics, considering questions of broader global importance such as how to create an inclusive environment for minority religions and how to regulate religious tribunals best. Reflecting on issues as diverse as the right to education, marriage recognition, Islamic finance and employment equality, Minority Religions under Irish Law provides a comprehensive and fresh look at the legal space occupied by many rapidly growing minority religions in Ireland, with a special focus on the Muslim community.

Research Handbook on International Family Law by Janeen M. Carruthers; Bobby W. M. Lindsay (Editors) The Research Handbook on International Family Lawbrings 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.

Routledge Handbook of International Family Law by Barbara Stark; Jacqueline Heaton 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.