Family Law Across Borders

Family Law Across Borders

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.


Book Synopsis Family Law Across Borders by : MELISSA A.. HALE KUCINSKI (BRUCE. COFFEE, MICHAEL S.)

Download or read book Family Law Across Borders written by MELISSA A.. HALE KUCINSKI (BRUCE. COFFEE, MICHAEL S.) and published by West Academic Publishing. This book was released on 2021-07-16 with total page 699 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

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.


Book Synopsis Navigating International Family Law by :

Download or read book Navigating International Family Law written by and published by Aspatore Books. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

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.


Book Synopsis Sacrificing Families by : Leisy J. Abrego

Download or read book Sacrificing Families written by Leisy J. Abrego and published by Stanford University Press. This book was released on 2014-02-05 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Justice Across Borders

Justice Across Borders

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.


Book Synopsis Justice Across Borders by : Jeffrey Davis

Download or read book Justice Across Borders written by Jeffrey Davis and published by Cambridge University Press. This book was released on 2008-06-02 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Borders of Belonging

Borders of Belonging

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.


Book Synopsis Borders of Belonging by : Heide Castañeda

Download or read book Borders of Belonging written by Heide Castañeda and published by Stanford University Press. This book was released on 2019-02-26 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Kinship Across Borders

Kinship Across Borders

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."


Book Synopsis Kinship Across Borders by : Kristin E. Heyer

Download or read book Kinship Across Borders written by Kristin E. Heyer and published by Georgetown University Press. This book was released on 2012-10-02 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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."

International Issues in Family Law in Singapore

International Issues in Family Law in Singapore

Author: Debbie Ong

Publisher:

Published: 2015

Total Pages: 365

ISBN-13: 9789810926908

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Book Synopsis International Issues in Family Law in Singapore by : Debbie Ong

Download or read book International Issues in Family Law in Singapore written by Debbie Ong and published by . This book was released on 2015 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Legalized Families in the Era of Bordered Globalization

Legalized Families in the Era of Bordered Globalization

Author: Daphna Hacker

Publisher: Cambridge University Press

Published: 2017-08-18

Total Pages: 0

ISBN-13: 9781316508213

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Providing a panoramic and interdisciplinary perspective, this book explores the interrelations between globalization, borders, families and the law. It considers the role of international, multi-national and religious laws in shaping the lives of the millions of families that are affected by the opportunities and challenges created by globalization, and the ongoing resilience of national borders and cultural boundaries. Examining familial life-span stages - establishing spousal relations, raising children and being cared for in old age - Hacker demonstrates the fruitfulness in studying families beyond the borders of national family law, and highlights the relevance of immigration and citizenship law, public and private international law and other branches of law. This book provides a rich empirical description of families in our era. It is relevant not only to legal scholars and practitioners but also to scholars and students within the sociology of the family, globalization studies, border studies, immigration studies and gender studies.


Book Synopsis Legalized Families in the Era of Bordered Globalization by : Daphna Hacker

Download or read book Legalized Families in the Era of Bordered Globalization written by Daphna Hacker and published by Cambridge University Press. This book was released on 2017-08-18 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing a panoramic and interdisciplinary perspective, this book explores the interrelations between globalization, borders, families and the law. It considers the role of international, multi-national and religious laws in shaping the lives of the millions of families that are affected by the opportunities and challenges created by globalization, and the ongoing resilience of national borders and cultural boundaries. Examining familial life-span stages - establishing spousal relations, raising children and being cared for in old age - Hacker demonstrates the fruitfulness in studying families beyond the borders of national family law, and highlights the relevance of immigration and citizenship law, public and private international law and other branches of law. This book provides a rich empirical description of families in our era. It is relevant not only to legal scholars and practitioners but also to scholars and students within the sociology of the family, globalization studies, border studies, immigration studies and gender studies.

Border Law

Border Law

Author: Deborah A. Rosen

Publisher: Harvard University Press

Published: 2015-04-06

Total Pages: 329

ISBN-13: 0674425715

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The First Seminole War of 1816–1818 played a critical role in shaping how the United States demarcated its spatial and legal boundaries during the early years of the republic. Rooted in notions of American exceptionalism, manifest destiny, and racism, the legal framework that emerged from the war laid the groundwork for the Monroe Doctrine, the Dred Scott decision, and U.S. westward expansion over the course of the nineteenth century, as Deborah Rosen explains in Border Law. When General Andrew Jackson’s troops invaded Spanish-ruled Florida in the late 1810s, they seized forts, destroyed towns, and captured or killed Spaniards, Britons, Creeks, Seminoles, and African-descended people. As Rosen shows, Americans vigorously debated these aggressive actions and raised pressing questions about the rights of wartime prisoners, the use of military tribunals, the nature of sovereignty, the rules for operating across territorial borders, the validity of preemptive strikes, and the role of race in determining legal rights. Proponents of Jackson’s Florida campaigns claimed a place for the United States as a member of the European diplomatic community while at the same time asserting a regional sphere of influence and new rules regarding the application of international law. American justifications for the incursions, which allocated rights along racial lines and allowed broad leeway for extraterritorial action, forged a more unified national identity and set a precedent for an assertive foreign policy.


Book Synopsis Border Law by : Deborah A. Rosen

Download or read book Border Law written by Deborah A. Rosen and published by Harvard University Press. This book was released on 2015-04-06 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: The First Seminole War of 1816–1818 played a critical role in shaping how the United States demarcated its spatial and legal boundaries during the early years of the republic. Rooted in notions of American exceptionalism, manifest destiny, and racism, the legal framework that emerged from the war laid the groundwork for the Monroe Doctrine, the Dred Scott decision, and U.S. westward expansion over the course of the nineteenth century, as Deborah Rosen explains in Border Law. When General Andrew Jackson’s troops invaded Spanish-ruled Florida in the late 1810s, they seized forts, destroyed towns, and captured or killed Spaniards, Britons, Creeks, Seminoles, and African-descended people. As Rosen shows, Americans vigorously debated these aggressive actions and raised pressing questions about the rights of wartime prisoners, the use of military tribunals, the nature of sovereignty, the rules for operating across territorial borders, the validity of preemptive strikes, and the role of race in determining legal rights. Proponents of Jackson’s Florida campaigns claimed a place for the United States as a member of the European diplomatic community while at the same time asserting a regional sphere of influence and new rules regarding the application of international law. American justifications for the incursions, which allocated rights along racial lines and allowed broad leeway for extraterritorial action, forged a more unified national identity and set a precedent for an assertive foreign policy.

Cross-Border Family Mediation

Cross-Border Family Mediation

Author: Christoph C. Paul

Publisher: Wolfgang Metzner Verlag

Published: 2023-10-17

Total Pages: 482

ISBN-13: 396117136X

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Die 3. aktualisierte und erweiterte Auflage dieses Werks ist eine unverzichtbare Lektüre für erfahrene Familienmediatoren und alle anderen Fachleute, die mit grenzüberschreitenden Familienkonflikten und Kindesentführungsfällen zu tun haben. Eine Vielzahl von Beiträgen führender internationaler Expertinnen und Experten auf diesem Gebiet machen das Buch zu einer unschätzbaren Quelle, die unter anderem Folgendes bietet: Überblick über den einschlägigen internationalen Rechtsrahmen für solche Fälle Anleitung zu den besonderen Merkmalen grenzüberschreitender Familiensachen sowie den eingesetzten Methoden, Mediationsmodellen und Instrumenten Informationen zur Koordinierung der Mediation mit Gerichtsverfahren in Kindesentführungsfällen Leitlinien für die grenzüberschreitende Vollstreckbarkeit von im Mediationsverfahren geschlossenen Familienvereinbarungen Ansätze und bewährte Praktiken für die Mediation in Fällen mit (muslimischen) Ländern, die nicht dem Haager Übereinkommen angehören Informationen zur Einbeziehung der Stimme des Kindes in die Mediation, Online-Mediation, Zweisprachigkeit in der grenzüberschreitenden Mediation praktische Informationen und Ressourcen wie z.B. Fallstudien, Muster für Mediationsvereinbarungen und Gerichtsbeschlüsse, eine Vorlage für eine Gerichtsstandsvereinbarung, Checklisten, Links wichtiger Ansprechpartner und Texte der anwendbaren internationalen Rechtsinstrumente The 3rd updated and expanded edition of this reference book is indispensable reading for experienced family mediators and all other professionals involved in cross-border family conflicts and child abduction cases. A diverse range of contributions from leading international experts in the field make this an invaluable resource covering: an overview of the relevant international legal framework for such cases insight into the specific characteristics of cross-border family cases, the methodologies, mediation models and tools employed information on coordinating mediation with court proceedings in child abduction cases guidance on the cross-border enforceability of mediated family agreements family law trends and mediation in cases with non-Hague Convention (Muslim) countries the voice of the child, mediating online, bilingualism in mediation practical information and resources, such as case studies, sample mediation agreements and court orders, a template of a choice of court agreement, checklists, important contacts and applicable legal texts


Book Synopsis Cross-Border Family Mediation by : Christoph C. Paul

Download or read book Cross-Border Family Mediation written by Christoph C. Paul and published by Wolfgang Metzner Verlag. This book was released on 2023-10-17 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: Die 3. aktualisierte und erweiterte Auflage dieses Werks ist eine unverzichtbare Lektüre für erfahrene Familienmediatoren und alle anderen Fachleute, die mit grenzüberschreitenden Familienkonflikten und Kindesentführungsfällen zu tun haben. Eine Vielzahl von Beiträgen führender internationaler Expertinnen und Experten auf diesem Gebiet machen das Buch zu einer unschätzbaren Quelle, die unter anderem Folgendes bietet: Überblick über den einschlägigen internationalen Rechtsrahmen für solche Fälle Anleitung zu den besonderen Merkmalen grenzüberschreitender Familiensachen sowie den eingesetzten Methoden, Mediationsmodellen und Instrumenten Informationen zur Koordinierung der Mediation mit Gerichtsverfahren in Kindesentführungsfällen Leitlinien für die grenzüberschreitende Vollstreckbarkeit von im Mediationsverfahren geschlossenen Familienvereinbarungen Ansätze und bewährte Praktiken für die Mediation in Fällen mit (muslimischen) Ländern, die nicht dem Haager Übereinkommen angehören Informationen zur Einbeziehung der Stimme des Kindes in die Mediation, Online-Mediation, Zweisprachigkeit in der grenzüberschreitenden Mediation praktische Informationen und Ressourcen wie z.B. Fallstudien, Muster für Mediationsvereinbarungen und Gerichtsbeschlüsse, eine Vorlage für eine Gerichtsstandsvereinbarung, Checklisten, Links wichtiger Ansprechpartner und Texte der anwendbaren internationalen Rechtsinstrumente The 3rd updated and expanded edition of this reference book is indispensable reading for experienced family mediators and all other professionals involved in cross-border family conflicts and child abduction cases. A diverse range of contributions from leading international experts in the field make this an invaluable resource covering: an overview of the relevant international legal framework for such cases insight into the specific characteristics of cross-border family cases, the methodologies, mediation models and tools employed information on coordinating mediation with court proceedings in child abduction cases guidance on the cross-border enforceability of mediated family agreements family law trends and mediation in cases with non-Hague Convention (Muslim) countries the voice of the child, mediating online, bilingualism in mediation practical information and resources, such as case studies, sample mediation agreements and court orders, a template of a choice of court agreement, checklists, important contacts and applicable legal texts