International Handbook on Child Participation in Family Law

This topical and timely handbook provides a rich source of information for everyone with an interest in the application of children’s rights in practice.
Editor(s):
Wendy Schrama, Marilyn Freeman, Nicola Taylor, Marielle Bruning
Series:
European Family Law
Volume:
51
book | published | 1st edition
July 2021 | xxii + 378 pp.

Paperback

€99.-

ISBN 9781839700569


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ISBN 9781839701726

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Details

This topical and timely book considers children’s participation rights in the context of family law proceedings, and how their operation can be improved for the benefit of children and family justice systems globally. In doing so, it provides the pedagogical reasoning for child participation, as well as a thorough analysis of the relevant human rights instruments in this area, including the United Nations Convention on the Rights of the Child.

This comprehensive book examines the way in which private international law instruments deal with child participation in separation/divorce, parental responsibility and child abduction proceedings. In addition, the book includes individual contributions from renowned family law experts from 17 countries who describe and analyse the local laws and exercise of child participation rights in their own jurisdictions. These insightful texts include the authors’ views on the improvements needed to ensure that child participation rights are fully respected and implemented in the countries under review. A detailed comparative analysis follows which helpfully pinpoints both the key commonalities and differences in these global processes. Finally, the concluding chapter draws together the different perspectives revealed across the handbook, and identifies several key issues requiring further reflection from scholars, policy makers and family justice professionals.

The International Handbook on Child Participation in Family Law is a rich source of information and essential reading for all those working in this important and evolving field.

______

With contributions by Nicholas Bala (Queen’s University), Felicity Bell (University of New South Wales), Rachel Birnbaum (King’s University College at Western University), Ingrid Boone (KU Leuven), Mariëlle Bruning (Leiden University), Judy Cashmore AO (University of Sydney), Charlotte Declerck (Hasselt University), Nina Dethloff (University of Bonn), Ester di Napoli (LUMSA University), Linda D. Elrod (Washburn University), Simona Florescu (Leiden University), Marilyn Freeman (University of Westminster), Joe Harman (Federal Circuit Court of Australia), Christina G. Jeppesen de Boer (Utrecht University), Annette Kronborg (Southern University of Denmark), Thalia Kruger (University of Antwerp), Nigel Lowe QC (Hon) (Cardiff University), Nataša Lucić (Josip Juraj Strossmayer University), Francesca Maoli (University of Genoa), Charlotte Mol (Utrecht University), Tamar Morag (The Hebrew University of Jerusalem), Anna Nylund (University of Tromsø), Stephanie Rap (Leiden University), Branka Rešetar (Josip Juraj Strossmayer University), Wendy Schrama (Utrecht University), Daniela Schröder (University of Bonn), Rhona Schuz (Academic College for Law and Science), Julia Sloth-Nielsen (University of the Western Cape), Daisy J.H. Smeets (Leiden University), Nicola Taylor (University of Otago), E. Kay M. Tisdall (University of Edinburgh), Eva Vertommen (KU Leuven) and Ningning Zhao (V & T Law Firm).

Table of Contents

Table of Contents and Preliminary Pages (p. 0)

Introduction to the International Handbook (p. 1)

Nicola Taylor, Marilyn Freeman, Marielle Bruning, Wendy Schrama

PART I. CHILD PARTICIPATION: AN EVALUATIVE FRAMEWORK

Child Participation in International and Regional Human Rights Instruments (p. 11)

Child Participation in Family Law Proceedings: Pedagogical Insights on Why and How to Involve Children (p. 41)

PART II. CHILD PARTICIPATION IN PRIVATE INTERNATIONAL LAW

The Hague Conventions and EU Instruments in Private International Law (p. 67)

PART III. NATIONAL PERSPECTIVES

Australia (p. 87)

Belgium (p. 103)

Canada (p. 121)

China (p. 133)

Croatia (p. 143)

Denmark (p. 157)

England and Wales (p. 171)

Germany (p. 185)

Israel (p. 205)

Italy (p. 219)

The Netherlands (p. 231)

New Zealand (p. 245)

Norway (p. 259)

Romania (p. 273)

Scotland (p. 287)

South Africa (p. 303)

United States of America (p. 317)

PART IV. COMPARATIVE ANALYSIS

Child Participation in Family Law Proceedings Compared (p. 333)

Conclusion (p. 359)

About the series:

European Family Law

... the European Family Law Series [plays] an important role in informing lawyers across Europe and beyond about developments in other jurisdictions, and in continually assessing the potential for hamonisation in the field.
Brian Sloan in Rabels Zeitschrift 74 (2010)

The European Family Law series is dedicated to the harmonisation and unification of family and succession law in Europe. The series includes comparative legal studies and materials as well as studies on the effects of international and European law making within the national legal systems in Europe.

The series is published under the auspices of the Organising Committee of the Commission on European Family Law:
- Professor Katharina Boele-Woelki (The Netherlands),
- Professor Frédérique Ferrand (France),
- Professor Cristina González Beilfuss (Spain),
- Professor Maarit Jänterä-Jareborg (Sweden),
- Professor Nigel Lowe (United Kingdom),
- Professor Dieter Martiny (Germany) and
- Associate Professor Velina Todorova (Bulgaria).

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