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International Survey of Family Law: 2012 Editon, The


The 2012 survey, published on behalf of the International Society of Family Law

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The International Survey of Family Law
is the International Society of Family Law's annual review of developments in family law across the world. The 2012 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 2012 Survey contains contributions from a diverse selection of countries where there have been important developments in family law, including:
  • A New Children's Law in Botswana
  • Present Legislation on Adoption in China and its Reform Proposals
  • The Rules on the Administration of Community Property in Poland
  • Reform of Maintenance and Divorce Laws in Samoa
  • Critical Views on the Performance of Foster Care in Slovenia
  • The Sri Lankan General Law of Marriage
  • Premarital Agreements in the United States
Click here to find out more about the society and other editions of the survey.
  • Members of The International Society of Family Law
  • History of The International Society of Family Law
  • Preface
  • Australia Reflections on the Shared Parenting Experience
  • Botswana A New Children’s Law in Botswana: Reshaping Family Relations for the
    Twenty-First Century
  • Canada Tourist Marriages, Separation Agreements and Polygamy
  • England and Wales I Want to Go Home – Parent and Child Relocation Outside the
  • France A Chronicle of Family Law in 2011
  • Hungary Partnerships in Hungary in the Blight of the New Legal Developments:
    Status or Contract?
  • India Missing Children in India: Suggestions, Remedies and Solutions
  • Ireland A Softening of the Marital Family Paradigm?
  • Japan Child Custody Issues at the Time of Divorce – From the Point of View
    of Japanese Family Law
  • Macedonia The Legal Regulation of Nonmarital Cohabitation in Macedonian
    Family Law
  • Malawi Child Care, Protection and Justice Act: Merging Customary Family
  • Malaysia Rights of Children: Future Challenges in Malaysia
  • The Netherlands Something Old, Something New, Something International and
    Something Askew
  • New Zealand The Changing Politics of Family Law in New Zealand
  • Poland The Rules on the Administration of Community Property in Poland
  • Samoa Reform of Maintenance and Divorce Laws in Samoa: Appropriate for
    the ‘Aiga’?
  • Serbia Challenges of the Modern Family – Draft Civil Code of Serbia Relating
    to Family Law Relations
  • Slovenia Critical Views on the Performance of Foster Care in Slovenia
  • South Africa Kinship Care and Cash Grants: In Search of Sustainable Solutions for
    Children Living with Members of their Extended Families in South
  • Sri Lanka The Sri Lankan General Law of Marriage: Dutch, Victorian or
  • Sweden Parental Influence – More and Less
  • Switzerland New Swiss Code of Civil Procedure: Special Proceedings in Matrimonial
    and Family Law Matters
  • Uganda Widow Inheritance in Uganda
  • United States Premarital Agreements in the United States
"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"

"a fascinating account of the legislative direction of various jurisdictions and is an invaluable research tool"

This 2012 edition of the International Survey continues the tradition of a wide
range of topics from many different countries around the world.
Not surprisingly, the law relating to children predominates. We have chapters
on shared parenting (Australia), missing children (India), adoption law in
China, relocation law in England and Wales with the challenging suggestion
that the overarching principle of the child’s welfare be abandoned, child
abduction where Japan is encouraged to come into line with other jurisdictions,
corporal punishment (Serbia), foster care (Slovenia) and South African
children living in extended families. Serbia also reports on the law relating to
surrogacy, while Sweden has changes to its tort liability legislation making
parents liable to a limited extent for the harm caused by their children’s
criminal acts. Countries such as Botswana, Uganda, Malawi and Malaysia
continue to wrestle the tensions between custom and notions of human rights,
with the added complication of mixed religious legal systems in Malaysia.

Issues to do with unmarried cohabitation are explored in the chapters from
Hungary, Ireland, Macedonia and Serbia while Canada, France and the
Netherlands deal with various issues relating to same-sex couples. Questions
concerning marriage and divorce crop up in Samoa and Sri Lanka. Financial
matters are also tackled in Poland and Samoa (property), the United States
(premarital agreements), the Netherlands (maintenance) and New Zealand
(child support). Procedural changes in Switzerland represent something of a
lost opportunity, while in New Zealand a review of the Family Court is mainly
about the increasing expenditure of the services provided.

Thanks are owed to many people who have helped this edition of the
International Survey to be published. We must start with the authors, some of
whom have written before, others contributing for the first time. Dominique
Goubau and Hugues Fulchiron’s team in Lyon translate the abstracts into
French. Our publishers especially Greg Woodgate and Cheryl Prophett, who
does the copy-editing, perform a sterling service. I personally am very grateful
for the excellent work of my secretary, Angela Funnell, and my former research
assistant, David Neild, who is now admitted as a barrister and solicitor and
practising in a town called Blenheim in New Zealand’s South Island.

Bill Atkin,
General Editor
June 2012

General Editor

Professor Bill Atkin,
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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