Family Law Across Borders

Family Law Across Borders PDF

Author: MELISSA A.. HALE KUCINSKI (BRUCE. COFFEE, MICHAEL S.)

Publisher: West Academic Publishing

Published: 2021-07-16

Total Pages: 699

ISBN-13: 9781647084288

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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.

Navigating International Family Law

Navigating International Family Law PDF

Author:

Publisher: Aspatore Books

Published: 2012

Total Pages: 0

ISBN-13: 9780314286352

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International Family Law provides an authoritative, insider's perspective on the latest developments and trends affecting family law in foreign countries. Written by leading family law attorneys, this book guides the reader through important issues such as custody and support. From citizenship and immigration laws across the globe to the Hague Convention on the Civil Aspects of International Child Abduction, these experienced attorneys examine legislation affecting marriage and divorce in an international setting. These experts also discuss asset division, pre- and postnuptial agreements, and the various cultural differences and barriers that can affect family law outside of the United States. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts around the keys to success within this ever-changing field.

Sacrificing Families

Sacrificing Families PDF

Author: Leisy J. Abrego

Publisher: Stanford University Press

Published: 2014-02-05

Total Pages: 269

ISBN-13: 0804790574

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Widening global inequalities make it difficult for parents in developing nations to provide for their children, and both mothers and fathers often find that migration in search of higher wages is their only hope. Their dreams are straightforward: with more money, they can improve their children's lives. But the reality of their experiences is often harsh, and structural barriers—particularly those rooted in immigration policies and gender inequities—prevent many from reaching their economic goals. Sacrificing Families offers a first-hand look at Salvadoran transnational families, how the parents fare in the United States, and the experiences of the children back home. It captures the tragedy of these families' daily living arrangements, but also delves deeper to expose the structural context that creates and sustains patterns of inequality in their well-being. What prevents these parents from migrating with their children? What are these families' experiences with long-term separation? And why do some ultimately fare better than others? As free trade agreements expand and nation-states open doors widely for products and profits while closing them tightly for refugees and migrants, these transnational families are not only becoming more common, but they are living through lengthier separations. Leisy Abrego gives voice to these immigrants and their families and documents the inequalities across their experiences.

Borders of Belonging

Borders of Belonging PDF

Author: Heide Castañeda

Publisher: Stanford University Press

Published: 2019-02-26

Total Pages: 382

ISBN-13: 1503607925

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Borders of Belonging investigates a pressing but previously unexplored aspect of immigration in America—the impact of immigration policies and practices not only on undocumented migrants, but also on their family members, some of whom possess a form of legal status. Heide Castañeda reveals the trauma, distress, and inequalities that occur daily, alongside the stratification of particular family members' access to resources like education, employment, and health care. She also paints a vivid picture of the resilience, resistance, creative responses, and solidarity between parents and children, siblings, and other kin. Castañeda's innovative ethnography combines fieldwork with individuals and family groups to paint a full picture of the experiences of mixed-status families as they navigate the emotional, social, political, and medical difficulties that inevitably arise when at least one family member lacks legal status. Exposing the extreme conditions in the heavily-regulated U.S./Mexico borderlands, this book presents a portentous vision of how the further encroachment of immigration enforcement would affect millions of mixed-status families throughout the country.

Justice Across Borders

Justice Across Borders PDF

Author: Jeffrey Davis

Publisher: Cambridge University Press

Published: 2008-06-02

Total Pages: 298

ISBN-13: 1139472453

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This book studies the struggle to enforce international human rights law in federal courts. In 1980, a federal appeals court ruled that a Paraguayan family could sue a Paraguayan official under the Alien Tort Statute – a dormant provision of the 1789 Judiciary Act – for torture committed in Paraguay. Since then, courts have been wrestling with this step toward a universal approach to human rights law. Davis examines attempts by human rights groups to use the law to enforce human rights norms. He explains the separation of powers issues arising when victims sue the United States or when the United States intervenes to urge dismissal of a claim and analyses the controversies arising from attempts to hold foreign nations, foreign officials, and corporations liable under international human rights law. While Davis's analysis is driven by social science methods, its foundation is the dramatic human story from which these cases arise.

Kinship Across Borders

Kinship Across Borders PDF

Author: Kristin E. Heyer

Publisher: Georgetown University Press

Published: 2012-10-02

Total Pages: 210

ISBN-13: 158901930X

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The failure of current immigration policies in the United States has resulted in dire consequences: a significant increase in border deaths, a proliferation of smuggling networks, prolonged family separation, inhumane raids, a patchwork of local ordinances criminalizing activities of immigrants and those who harbor them, and the creation of an underclass--none of which are appropriate or just outcomes for those holding Christian commitments. Heyer analyzes immigration in the context of fundamental Christian beliefs about the human person, sin, family life, and global solidarity to illuminate the plight of and receptivity to undocumented immigrants in this country, particularly immigrants from Mexico. She demonstrates how current US immigration policies reflect harmful neoliberal economic priorities, and why immigration cannot be reduced to security or legal issues alone; rather, immigration involves a broad array of economic issues, trade policies, concerns of cultural tolerance and criminal justice, and, at root, an understanding of the human person. Grounded in scriptural, anthropological, and social teachings, a Christian ethic of immigration calls society to promote structures and practices reflecting kinship and justice. The person-centered approach Heyer proposes demands basic changes to systems and rhetoric that abet and disguise immigrants' exploitation and death, requiring enhanced human rights protections and respect for the rule of law. Central to this ethic is attentiveness to the lived experiences of immigrants and a theologically inspired summons to "subversive hospitality."

Research Handbook on International Family Law

Research Handbook on International Family Law PDF

Author: Janeen M. Carruthers

Publisher: Edward Elgar Publishing

Published: 2024-06-28

Total Pages: 0

ISBN-13: 9781802207415

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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.

Law Across Borders

Law Across Borders PDF

Author: Paul Arnell

Publisher: Routledge

Published: 2012-03-15

Total Pages: 205

ISBN-13: 1136575197

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This book examines the application of UK Criminal and Human Rights Law to people and circumstances outside the United Kingdom. Building upon previous analyses which have focused on a single aspect of extraterritorially, this book examines the fields of Criminal and Human Rights law as the two main areas of non-private law which are frequently applied across borders. Both fields are placed in context before being drawn together in a coherent and systematic way. The book examines recent law and practice, as well as historic developments and explores the concept of enforcement. The author’s analysis includes coverage of topics such as the criminalisation of sex-tourism, the extradition of white-collar criminals and the application of human rights law to Iraq following American and British intervention in the region. Law Across Borders goes on to point the way forward in the development of the extraterritorial application of public law, and suggests ways in which greater coherence can be achieved. This book will be of particular interest to practitioners, academics and scholars of International Law, Human Rights Law and Criminal Law. It is unique in its ambition to offer a comprehensive description and analysis of the extra-territorial application of UK Human Rights Law and Criminal Law in a single text.

Routledge Handbook of Family Law and Policy

Routledge Handbook of Family Law and Policy PDF

Author: John Eekelaar

Publisher: Routledge

Published: 2020-07-26

Total Pages: 548

ISBN-13: 1000096505

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Changes in family structures, demographics, social attitudes and economic policies over the last 60 years have had a large impact on family lives and correspondingly on family law. The Second Edition of this Handbook draws upon recent developments to provide a comprehensive and up-to-date global perspective on the policy challenges facing family law and policy round the world. The chapters apply legal, sociological, demographic and social work research to explore the most significant issues that have been commanding the attention of family law policymakers in recent years. Featuring contributions from renowned global experts, the book draws on multiple jurisdictions and offers comparative analysis across a range of countries. The book addresses a range of issues, including the role of the state in supporting families and protecting the vulnerable, children’s rights and parental authority, sexual orientation, same-sex unions and gender in family law, and the status of marriage and other forms of adult relationships. It also focuses on divorce and separation and their consequences, the relationship between civil law and the law of minority groups, refugees and migrants and the movement of family members between jurisdictions along with assisted conception, surrogacy and adoption. This advanced-level reference work will be essential reading for students, researchers and scholars of family law and social policy as well as policymakers in the field.

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