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  • International Survey of Family Law: 2009 Editon (eBook only)
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International Survey of Family Law: 2009 Editon (eBook only)

FROM £67.50

Published on behalf of the International Society of Family Law.

This is the International Society of Family Law’s annual review of developments in family law across the world. The 2009 edition covers developments in over 20 countries written by leading academics and family law experts. Each article is accompanied by a French language abstract.

The 2009 edition begins with a round-up of the major developments in the international arena, and is followed by contributions from a diverse selection of
countries where there have been important developments in family law, including:

  • The faces of the full court – family law in Australia
  • The Bahamas Child Protection Act
  • New developments and expansion of relationships covered by Norwegian law
  • What has a decade of devolution done for Scots family law?
  • Poverty, welfare and the family – South Africa’s miracle transition at risk
  • “Is it well with the child?” – Custody of children in small South Pacific States
Click here to find out more about the society and other editions of the survey.

Annual Review of International Family Law

I The Hague Conference on Private International Law
II United Nations
III Council of Europe
IV Conclusion

Albania

Family Law Relations between Children and Parents according to Albanian Legislation – the Meaning and Importance of Parental Responsibility
I Parental right or parental responsibility?
II The exercise of parental responsibility
III The rights and obligations of parents
IV The loss of parental responsibility
V The removal of parental responsibility
VI Cessation of parental responsibilities
VII Personal relationships of other relatives with the child
VIII Obligations of the child to the parents
IX Conclusions

Argentina

The Child’s Right to be Listened to in Family Proceedings in Argentina
I Introduction
II The principle of the child’s evolving capacity or autonomy
III At what point should the child be listened to?
IV Ways to give effect to the child’s or adolescent’s right to be listened to
V Conditions or requirements under which children or adolescents should be listened to
VI Protection of privacy
VII How should the child’s or adolescent’s statement be evaluated?
VIII The child must in every case be listened to – right of appeal
IX In which judicial proceedings must he be listened to?
X Closing words: how to achieve real effectiveness for children’s and adolescents’ right to be heard

Australia

The Faces of the Full Court – Family Law in Australia
I Introduction
II Marriage
III Children
IV Finance and property
V Practice and process
VI Conclusions

The Bahamas

The Bahamas Child Protection Act: A Step in the Right Direction
I Introduction
II Some features of the CPA
III Compliance with the CRC
IV The CPA and juvenile justice
V Conclusion

Brazil

Life, Dignity and Human Rights: Stem Cell Research, the Law and a Recent Court Ruling in Brazil
I Introduction
II Legal grounds for using embryonic stem cells
III The law is challenged by an allegation of unconstitutionality
IV Human dignity as a legal value amid the debate
V The Brazilian Constitution and human dignity
VI The role of the Brazilian Supreme Court in permitting the research
VII Conclusion

Appendix1

Summary of the judgment by the Brazilian Federal Supreme Court

Canada

Reform Not Revolution
I Introduction
II Same-sex relationships
III Protecting the rights and interests of children
IV Gender equality
V On the horizon

The Czech Republic

Czech Family Law: The Right Time for Re-Codification
I Introduction
II The inevitability of the re-codification of Czech family law within the Civil Code
III Non-conceptual direct or indirect amendments to old laws and controversial acts
IV The right time for re-codification – searching for the European standards: a note on the harmonisation of European family law
V Conclusion

England and Wales

When Did You Last See Your Father?
I Introduction
II Doubts about paternity
III Conduct and contact
IV Geographical distance and contact
V Housing
VI Paternal rights and adoption orders
VII Lack of desire for paternal contact
VIII Sanctions for breaking contact orders
IX Help for fathers 200

Hungary

Cohabitation, Registered Partnership and their Financial Consequences in Hungary
I General overview
II Cohabitation – the approach of civil law and family law
III Financial consequences of cohabitation according to the civil code
now in force and to judicial practice
IV Financial consequences of cohabitation according to the bill on the new Civil Code
V Conclusion

India

Conflict of Laws in Intercountry Adoptions: The Indian Perspective with Special Reference to the Position After India Ratified the Hague Convention on Adoptions
I Introduction
II Present procedure to be followed in intercountry adoptions under Guidelines for Adoption from India 2006
III The Central Adoption Resource Authority
IV Present procedure to be followed in intercountry adoptions under Guidelines for Adoption from India 2006
V The home study report
VI Preference to parents of Indian origin
VII Ratification of the Hague Convention on Intercountry Adoption by the Government of India on 6 June 2003
VIII Documents required from foreign adoptive parents and overseas social or child welfare agency for intercountry adoption applications
IX Domestic law
X Registered adoption can be challenged
XI Problems faced in intercountry adoption
XII New dimension: the Juvenile Justice (Care and Protection of Children) Amendment Act 2006
XIII The law applicable in India as to the legal parentage of children born in that jurisdiction as a result of a surrogacy arrangement
XIV Conflict of laws in intercountry adoptions
XV Conclusion

Italy

The Living Will in the Italian Legal System
I Introduction
II The situation concerning advance medical directives in Italian law in the absence of specific legal provision 2
III Possible legal obstacles to introducing the institution of the living will into Italian law and to the power of its provisions to bind third parties
IV The Italian draft law on living wills

Japan

Equal Protection of Children: Reform of the Japanese Nationality Law
I Introduction
II Background
III The new Nationality Law
IV Conclusion

Malawi

Socio-legal Approaches to Children’s Rights Under the African Charter on the Rights and Welfare of the Child: A Discussion of Methodology
I Introduction
II Researching children’s rights under the African Children’s Charter
III Library-based methodology
IV Fieldwork methodology
V Concluding remarks: analysing methodology in children’s rights research

Malaysia

Legal Status and Rights of Illegitimate Children in Malaysia: The Conflicting Rights?
I Introduction
II Definition of child
III Legitimate v illegitimate child
IV Is it true that the number of illegitimate births is on the rise?
V Historical development of the rights of the child under common law
VI Rights of the child and the United Nations Convention
VII Conflicting rights: parent v child
VIII Some recommendations
IX Conclusions

Namibia

Legal Pluralism and the Apartheid Past: Challenges to Namibian Family Law Reform and Development
I Introduction
II Statutory contributions to family law
III Reforms under consideration 316
IV Conclusion

The Netherlands

It all Depends on Who You Ask: Dutch Parentage and Adoption Law in Four Acts
I Setting the scene
II Lesbian parenthood continued
III International adoption reconsidered
IV Every end is a new beginning

New Zealand

Developments in Dispute Resolution and Achieving Fairness in Property Division
I Introduction
II Dispute resolution
III Relationship property 363

Norway

New Developments and Expansion of Relationships Covered by Norwegian Law
I Introduction
II Cohabitants and same-sex partners
III Same-sex marriages
IV Inheritance and other rights for the surviving spouse
V Inheritance and uskifte-right for cohabitants

Puerto Rico

New Rules for the Adoption of Minors and Other Issues Affecting Children
I Introduction
II Joint custody
III Child maintenance
IV Adoption
V Revision of the Civil Code

Scotland

What has a Decade of Devolution Done for Scots Family Law?
I Introduction
II Personal characteristics
III Child law
IV Adult relationships
V Conclusions

Serbia

Maintenance Obligations Under the Family Act of Serbia
I Persons and legal conditions involved in the realisation of maintenance
II Determination of the maintenance amount
III Agreements on maintenance
IV Termination of maintenance duty
V Realisation of the child’s right to maintenance
VI Concluding remarks

Slovenia

Discrimination of Romani Children in Slovenia – Positive or Negative?
I Introduction
II Short historical background of Roma in Slovenia
III Present state and position of the Roma community in Slovenia
IV Problems of the legal and actual position of Roma children in Slovenia
V Conclusion

South Africa

Poverty, Welfare and the Family: South Africa’s Miracle Transition at Risk
I Introduction
II Poverty
III Legislative provision for social assistance
IV Constitutional rights to social assistance
V Administration of social assistance grants: access denied
VI Aids and child-headed households
VII The case for a basic income grant
VIII Conclusion

South Pacific

‘Is it Well with the Child?’: Custody of Children in Small South Pacific States
I Introduction
II State law
III Customary law
IV The welfare principle and its relationship with customary principles
V Conclusion

United States of America

Child Protection in a Pluralist Society: Challenges and Opportunities
I Introduction
II The federal constitutional and statutory framework
III The Texas case
IV Tribal-state clashes under the Indian Child Welfare Act
V Conclusion
"a valuable resource"

Family Law

"fascinating reading; an important global snapshot for family practitioners"
New Law Journal

"An essential publication for anyone with an interest in the international aspects of family law"

ChildRIGHT

"a fascinating account of the legislative direction of various jurisdictions and is an invaluable research tool"
ChildRIGHT
General Editor
Bill Atkin,
Faculty of Law, Victoria University of Wellington, New Zealand

Associate Editor (Africa)
Fareda Banda,
Reader in the Laws of Africa, School of Oriental and African Studies, London

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