ABSTRACT

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.

chapter |7 pages

Introduction

part I|51 pages

Marriage and marriage-like relationships

chapter 1|14 pages

Marriage

chapter 3|15 pages

Customary marriages

part II|63 pages

Divorce

chapter 4|16 pages

Divorce

chapter 6|17 pages

Distribution of property on divorce

chapter 7|14 pages

International family mediation

Recent developments

part III|67 pages

Children

chapter 8|17 pages

Child custody and cognate concepts

The challenges

chapter 9|17 pages

Child support

chapter 11|17 pages

Adoption

part IV|69 pages

Human rights within and affecting the family

chapter 13|16 pages

Reproductive rights

chapter 14|17 pages

Surrogacy

chapter 15|20 pages

Fathers’ rights

Japan as a different paradigm

part V|53 pages

The family and the state

chapter 16|11 pages

Theories of state and family

chapter 18|21 pages

Transnational families

The right to family life in the age of global migration