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International Survey of Family Law: 2016 Edition, The

FROM £80.00

Published on behalf of the International Society of Family Law

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 2016 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 2016 Survey contains contributions from a diverse selection of countries where there have been important developments in family law, including:

  • Abortion in Chile
  • Recent Developments in Korean Adult Guardianship Law
  • Islamic Law Mode of Estate Distribution in South Africa
  • The Reform of the Swiss Law on Child Support
  • Marital Property in the United States
  • Maintenance, Non-Resident Indians and the Law

The International Society of Family Law aims to facilitate study and discussion by sponsoring and promoting international co-operation in research on family law topics worldwide.

Click here to find out more about the society and other editions of the survey.
Albania: Reforming the Adoption Legislation in Albania and the Best Interests of the Child
Dr Ledina Mandia

Australia: Revisiting Relocation Disputes
Lisa Young

Belgium: Novelties in Belgian Family Law: Co-Motherhood, Double Surnames and the New Family Courts
Debbie Horsten, Frederik Swennen and Gerd Verschelden

Cameroon: The Commitment to Faithfulness and the Test of Time and Space in Cameroonian Law
Rachel-Claire Okani

Canada: Canada’s Conflicted Approach to International Child Abduction
Martha Bailey

Chile: Abortion in Chile
Ursula Pohl

China: The Juridical Practice of Child-Rearing Questions in Divorce Proceedings and Proposals for Improvement
Chen Wei and Zhang Qinglin

England and Wales: ‘When Nothing Else Will Do’ – Myths and Misrepresentations Relating to Non-consensual Adoption in England and Wales
Mary Welstead

Europe: Preventing and Combating Domestic Violence in Europe: The Jurisprudence of the European Court of Human Rights
Jamil Ddamulira Mujuzi

France: A Chronicle of French Family Law
Centre for Family Law at Jean Moulin University Lyon

India: Maintenance, Non-Resident Indians and the Law
Anil Malhotra and Ranjit Malhotra

Ireland: Marriage Equality: A Seismic Shift for Family Law in Ireland?
Maebh Harding

Italy: An Overview on the Italian Panorama: Family Law Faces Social Changes 
Cinzia Valente

Lithuania: Children’s Maintenance Fund in Lithuania: Legal and Sociological Aspects of its Activities
Inga Kudinavicˇiu¯ te˙-Michailoviene˙ and Aušra Maslauskaite

New Zealand: Past, Present, and Future New Zealand Developments: The Family Court System, Adoption, and Relationship Property
Mark Henaghan and Ruth Ballantyne

Norway: The Application of the Non-discrimination Guarantee in Muslim Women’s Processes of Divorce in Norway
Tone Linn Wærstad

Poland: Polish Family Law: Socialist Roots, Astonishing Evolution
Piotr Fiedorczyk and Dr Agnieszka Zemke-Górecka

Portugal: An Ongoing (R)Evolution Unfolded Step-by-step: Redefinition of the Legal Concept of Parentage and Promotion of Children’s Autonomy – an Overview of the Current Developments in the Portuguese Law Regarding Children’s Rights and Affiliation
Rute Teixeira Pedro

Puerto Rico: Same-sex Marriages and Other Issues
Pedro F Silva-Ruiz

Slovenia: Child Maintenance for Adult Children who are Studying: Slovenian Legal Regulation and the Contemporary Case-Law
Suzana Kraljic´ and Lina Burkelc Juras

Solomon Islands: Negotiating the Pluralistic Family Law Regimes in the Solomon Islands
Jennifer Corrin and Benjamin Teng

South Africa: Islamic Law Mode of Estate Distribution in South Africa
Muneer Abduroaf and Najma Moosa

South Korea: Recent Developments in Korean Adult Guardianship Law
Cheolung Je

Switzerland: Financial Support for Childcare – the Reform of Swiss Law on Child Support
Andrea Büchler

United States: Marital Property
Margaret F Brinig

Zimbabwe: Child Marriage in Zimbabwe? The Constitutional Court Rules ‘No’
Julia Sloth-Nielsen

When lecturing my family law students, it has been my practice to invite the Principal Family Court Judge of New Zealand to take part in a class. In the past 2 years, I have been pleased to welcome his Honour, Judge Laurence Ryan. As he is not keen on delivering a formal lecture, let alone use PowerPoint slides, we decided to do it by way of an interview. So, I asked him questions about his own background, what it is like to be a Family Court judge, what advice he would give budding family lawyers and so forth. We also took questions from the students. This year they asked lots of pertinent questions. One student asked him what he thought was the most significant change in family law during his time as a lawyer and judge. After a moment’s reflection, Judge Ryan said the extension of the law to cover ‘de facto relationships’. This phrase is used in New Zealand legislation, the most important package being passed in 2001.

Throughout the world, family law is in a state of flux. The exact nature of the topical issues varies because of different histories, cultures, values, and religions and the nature of social change. While the law relating to de facto relationships may be significant in some places, other issues are more important elsewhere. One of the great benefits of this annual survey of family law is the opportunity to see the panorama of challenges across the globe.

In this year’s edition with its 26 chapters, unsurprisingly we find a wide range of topics: the effect of terrorist attacks, adoption, abortion, child maintenance (including for adult students), children’s rights, affiliation and illegitimacy, child marriage, child support, relocation, co-motherhood, surnames, relocation, international child abduction, marriage in a pluralistic society, marriage equality, polygamy, divorce, spousal maintenance, marital property, domestic violence, succession law and adult guardianship.

My thanks as always for the hard work that the authors have put in, the referees where they have been required, my research assistant, Sean Brennan, my administrative assistant, Angela Funnell, and Dominique Goubau and Christine Bidaud-Garon who have been responsible for producing the French résumés at the beginning of each chapter. Both Jordan Publishing and their editor, Cheryl Prophett, continue to do a remarkable job for the International Society.

Bill Atkin
June 2016
General Editor
Professor 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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