International and National Perspectives on Child and Family Law

International and National Perspectives on Child and Family Law

Author: Gillian Douglas

Publisher:

Published: 2018

Total Pages: 359

ISBN-13: 9781780687001

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Nigel Lowe is a leading expert in international family law, with a world-wide reputation for his work in child law, international family relocation and child abduction. His career, spanning more than 40 years, has produced a huge body of literature and is internationally influential and of particular importance within Europe. A collaborative effort by members of the judiciary, practitioners and fellow academics from both the United Kingdom and other jurisdictions, this book is a recognition of the impact of his work. It covers key issues in international child and family law including those in which Professor Lowe's work has been particularly influential, namely adoption, wardship, parental responsibility, children's rights, international family relocation and the 1980 Hague Convention on International Child Abduction. International and transnational family law has been a developing field of study and a growing area of legal practice over recent years. At a time of great international change and with the complications and implications of Brexit, this book covers many of the key issues in family law today and provides the reader with an exploration of possible future developments in the field.


International Handbook on Child Participation in Family Law, 51

International Handbook on Child Participation in Family Law, 51

Author: Marilyn Freeman

Publisher: European Family Law

Published: 2021-07-16

Total Pages: 400

ISBN-13: 9781839700569

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This book considers children?s participation rights in the context of family law proceedings, and how their operation can be improved for the benefit of children and family justice systems globally. In doing so, it provides the pedagogical reasoning for child participation, as well as a thorough analysis of the relevant human rights instruments in this area, including the United Nations Convention on the Rights of the Child.00This comprehensive book examines the way in which private international law instruments deal with child participation in separation/divorce, parental responsibility and child abduction proceedings. In addition, the book includes individual contributions from renowned family law experts from 17 countries who describe and analyse the local laws and exercise of child participation rights in their own jurisdictions. These insightful texts include the authors? views on the improvements needed to ensure that child participation rights are fully respected and implemented in the countries under review. A detailed comparative analysis follows which helpfully pinpoints both the key commonalities and differences in these global processes. Finally, the concluding chapter draws together the different perspectives revealed across the handbook, and identifies several key issues requiring further reflection from scholars, policy makers and family justice professionals.


Contractualisation of Family Law - Global Perspectives

Contractualisation of Family Law - Global Perspectives

Author: Frederik Swennen

Publisher: Springer

Published: 2015-07-06

Total Pages: 375

ISBN-13: 3319172298

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This volume presents global and comparative perspectives on the perpetual pendular movement of family law between status and contract. It contributes to the topical academic debate on ‘family law exceptionalism’ by exploring the blurred lines between public law, private law and family law, and sheds light on the many shades of grey that exist. The contributions focus on both substantive and procedural family law on parents and children and on life partners, with particular attention for contractual arrangements of family formations and of conflict resolution. The hypothesis underlying all contributions was the trend towards contractualisation of family law. A convergent research outcome resulting from the comparison of national reports was the ambivalent position of family law in legal systems worldwide. That comparison shows that, whereas family law is clearly moving towards contract with regard to old family formations, the contrary is true for new family formations. The movement towards contract is rarely considered to be contractualisation pur sang, with civil effect. The movement towards status, finally, does not necessarily witness ‘family law exceptionalism’ vis-à-vis private law, in view of the increasing State interventionism in private law relations in general. In sum, as the volume shows, the high permeability of the demarcations between the State, the family and the market impedes a categorial approach. This volume is based on the general and selected national reports on the topic “Contractualisation of Family Law” that were presented at the XIXth International Congress of Comparative Law in Vienna in July 2014.


Adoptions from Care: International Perspectives on Children's Rights, Family Preservation and State Intervention

Adoptions from Care: International Perspectives on Children's Rights, Family Preservation and State Intervention

Author: Tarja Pösö

Publisher: Research in Social Work

Published: 2021-08

Total Pages: 232

ISBN-13: 9781447351023

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This book explores how children's rights are weighed against parents' rights in a range of countries, and examines how governments and legal and welfare professionals balance those rights following the decision that children cannot grow up in their parents' care, providing best practice evidence to help improve outcomes for all adopted children.


Research Handbook on International Family Law

Research Handbook on International Family Law

Author: Janeen M. Carruthers

Publisher: Edward Elgar Publishing

Published: 2024-06-05

Total Pages: 415

ISBN-13: 1802207422

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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.


Vulnerable Children and the Law

Vulnerable Children and the Law

Author: Rosemary Sheehan

Publisher: Jessica Kingsley Publishers

Published: 2012-03-15

Total Pages: 370

ISBN-13: 0857004565

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Global support for improving child welfare and upholding the rights of children is strong, but in practice often fails to recognise the emerging gap between traditional child welfare practices and the evolving nature of child vulnerability. This book takes an international perspective on child welfare, examining how global and national frameworks can be adapted to address the rights and best interests of children. Synthesising the latest international research, experts redefine the concept of a 'child in need' in a world where global movement is common and children are frequently involved in the law. The book considers children as citizens, as refugees, victims of trafficking, soldiers, or members of indigenous groups and identifies the political and cultural changes that need to take place in order to deliver rights for these children. Focusing in particular on child protection systems across nations, it identifies areas of child welfare and family law which systematically fail to look after the best interests of children, often through prejudice, outdated practice, or even the failure of agencies to work together. Exploring the nexus between children's rights and the law across the globe, this book makes essential reading for policymakers, social workers, lawyers, researchers and professionals involved in protecting vulnerable children.


Shared Physical Custody

Shared Physical Custody

Author: Laura Bernardi

Publisher: Springer Nature

Published: 2021-07-07

Total Pages: 328

ISBN-13: 3030684792

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This open access book provides an overview of the ever-growing phenomenon of children in shared physical custody thereby providing legal, psychological, family sociological and demographical insights. It describes how, despite the long evolution of broken families, only the last decade has seen a radical shift in custody arrangements for children in divorced families and the gender revolution in parenting which is taking place. The chapters have a national or cross-national perspective and address topics like prevalence and types of shared physical custody, legal frames regulating custody arrangements, stability and changes in arrangements across the life course of children, socio‐economic, psychological, social well-being of various family members involved in different custody arrangements. With the book being an interdisciplinary collaboration, it is interesting read for social scientists in demography, sociology, psychology, law and policy makers with an interest family studies and custody arrangements.


International Perspectives and Empirical Findings on Child Participation

International Perspectives and Empirical Findings on Child Participation

Author: Tali Gal

Publisher: Oxford University Press

Published: 2015-03-20

Total Pages: 501

ISBN-13: 0199366993

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The 1989 UN Convention on the Rights of the Child has inspired advocates and policy makers across the globe, injecting children's rights terminology into various public and private arenas. Children's right to participate in decision-making processes affecting their lives is the acme of the Convention and its central contribution to the children's rights discourse. At the same time the participation right presents enormous challenges in its implementation. Laws, regulations and mechanisms addressing children's right to participate in decision-making processes affecting their lives have been established in many jurisdictions across the globe. Yet these worldwide developments have only rarely been accompanied with empirical investigations. The effectiveness of various policies in achieving meaningful participation for children of different ages, cultures and circumstances have remained largely unproven empirically. Therefore, with the growing awareness of the importance of evidence-based policies, it becomes clear that without empirical investigations on the implementation of children's right to participation it is difficult to promote their effective inclusion in decision making. This book provides a much-needed, first broad portrayal of how child participation is implemented in practice today. Bringing together 19 chapters written by prominent authors from the United States, Canada, the United Kingdom, Ireland, New Zealand, Australia, and Israel, the book includes descriptions of programs that engage children and youth in decision-making processes, as well as insightful findings regarding what children, their families, and professionals think about these programs. Beyond their contribution to the empirical evidence on ways children engage in decision-making processes, the volume's chapters contribute to the theoretical development of the meaning of "participation," "citizenship," "inclusiveness," and "relational rights" in regards to children and youth. There is no matching to the book's scope both in terms of its breadth of subjects and the diversity of jurisdictions it covers. The book's chapters include experiences of child participation in special education, child protection, juvenile justice, restorative justice, family disputes, research, and policy making.


International Child Law

International Child Law

Author: Trevor Buck

Publisher: Taylor & Francis

Published: 2020-09-10

Total Pages: 372

ISBN-13: 1000158365

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International Child Law examines the international laws for children at both a global and a regional level. In particular the UN Convention on the Rights of the Child is described and critically assessed, while at the regional level the child in Europe is examined and how far the ECHR is engaged as a vehicle to progress childrens rights. Other key issues, increasing regulated by international child law, are spotlighted: child labour, child abduction and inter-country adoption. This book provides the reader with a sound understanding of the international law framework and issues relating to children and is a useful resource to those undertaking advanced study and or research in this area.