International and National Perspectives on Child and Family Law

Written in honour of the internationally renowned Professor Nigel Lowe, this book explores current issues in international family and child law and considers how the field might develop in the future.
Gillian Douglas, Mervyn Murch, Victoria Stephens
book | published | 1st edition
June 2018 | xxviii + 360 pp.


ISBN 9781780686417


Professor Nigel Lowe is the 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 International and National Perspectives on Child and Family Law 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.

Gillian Douglas is Professor of Law and Executive Dean of the Dickson Poon School of Law, King’s College London. She is a Fellow of the British Academy, the Learned Society of Wales and the Academy of Social Sciences. She is a co-editor of the Child and Family Law Quarterly and a case reports editor for the Family Law journal.

Mervyn Murch CBE is Emeritus Professor in Cardiff University's School of Law and Politics. For over 40 years he has undertaken socio-legal family law research associated with social policy and law reform.

Victoria Stephens is a freelance legal researcher, currently working for the Hague Conference on Private International Law. She also works as a project manager at the international NGO, IREX Europe, and has previously worked for the UK Cabinet Office, Department of Health and the Law Commission of England and Wales.

Table of Contents

Table of contents and preliminary pages (p. 0)

Gillian Douglas, Mervyn Murch, Victoria Stephens

Introduction - Nigel Vaughan Lowe: An Appreciation (p. 1)

Gillian Douglas, Mervyn Murch, Victoria Stephens

Part I. Family and Child Law in England and Wales

The Supreme Court and Family Law (p. 7)

The Development of Parent-Child Relationships in Family Law: The Cascade of Change (p. 23)

Commitment-Based Parenting: Parental Responsibility in English Law (p. 39)

Rights Children Should Not Have (p. 53)

Empirical Research on Adoption of Children from Care (p. 65)

Pathwawys to Adoption: From Long and Winding Road to Obstacle Course? (p. 81)

Child Abuse and Public Inquiry Methodologies (p. 97)

Lowe and the Inherent Jurisdiction (p. 111)

Wards of Court (p. 115)

Part II. International Family Law

Judging Parental Child Abduction: What does it mean to adopt a children's rights-based approach? (p. 123)

Judicial Activism: A 20-Year Evolution (p. 147)

Globalisation of Adjudication in International Family Law: Serving International Families by Producing International Solutions (p. 153)

Creating International Families: Private International Law and the Industry of Parenthood (p. 167)

Issues in International Divorce Cases (p. 179)

Non-Judicial Divorce in France: Progress or a Mess? (p. 193)

The Istanbul Convention: Is Domestic Abuse Violence Against Women? (p. 205)

Nationality and Migration Status in International Children's Law (p. 219)

The Development of Child Protection Across International Borders for Children at Risk of Harm (p. 233)

Nigel Lowe and International Family Law: An Immense Contribution (p. 247)

The Spanish Constitutional Court and Protracted Child Abduction Proceedings: Time is of the essence (p. 259)

Non-Recognition of Child Marriages: Sacrificing the Global for the Local in the Aftermath of the 2015 'Refugee Crisis' (p. 267)

Juvenile Justice in Bulgaria: Reforms and Resistance (p. 283)

Overriding Mandatory Provisions in EU Family Law Regulations (p. 297)

Part III. The Future for Family and Child Law

The Hague Child Abduction Convention in a Changing World (p. 313)

Using Research to Improve Outcomes for Abducted Children (p. 329)

Breaking the Existing Paradigms of Parent-Child Relationships (p. 343)