Research Handbook on International Family Law

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Research Handbook on International Family Law

9781802207415 Edward Elgar Publishing
Edited by Janeen M. Carruthers, Professor of Private Law and Bobby W.M. Lindsay, Lecturer in Private Law, University of Glasgow, UK
Publication Date: June 2024 ISBN: 978 1 80220 741 5 Extent: 414 pp
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.

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Critical Acclaim
Contents
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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.

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.
Critical Acclaim
‘An invaluable resource in times of a rapidly increasing globalization of family lives and family conflicts. The collective expertise of eminent legal scholars from around the world provide novel perspectives as well as a comprehensive understanding of the complexities of private international law.’
– Nina Dethloff, University of Bonn, Germany

‘This Handbook introduces us to the highly relevant, hybrid field of international family law, covering a wide range of issues from national, regional and global perspectives. It is a stimulating and provoking read. I recommend it warmly to all scholars interested in cross-border family relations.’
– Maarit Jänterä-Jareborg, Uppsala University, Sweden
Contents
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
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