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Full-Text Articles in Family Law
The Hague Convention And Domestic Violence: Proposals For Balancing The Policies Of Discouraging Child Abduction And Protecting Children From Domestic Violence, Shani M. King
Shani M. King
The Hague Convention on the Civil Aspects of International Child Abduction (the Convention) was enacted in response to a pattern of parental abduction across international borders to thwart or preempt custody arrangements in one country and seek a more advantageous setting for litigating custody issues in another. Consequently, the Convention was designed to discourage the abduction of children across international borders and to encourage respect for custody and access arrangements in countries from which children were abducted. To implement the Convention, the United States enacted the International Child Abduction Remedies Act (ICARA) on April 29, 1988. Much has been written …
Challenging Monohumanism: An Argument For Changing The Way We Think About Intercountry Adoption, Shani M. King
Challenging Monohumanism: An Argument For Changing The Way We Think About Intercountry Adoption, Shani M. King
Shani M. King
The Convention on the Rights of the Child' (CRC) provides a legal framework that establishes a child's right to be raised in the context of her family and her culture. We regularly violate this most fundamental right of children because we fail to come to terms with our imperialist orientation toward the world. This failure has been caused, in part, by how we have constructed our way of thinking about intercountry adoption. We now have a conception of intercountry adoption that I refer to in this Article as MonoHumanism. In the context of intercountry adoption, MonoHumanism means that children are …
Asking The Family Question, Berta E. Hernández-Truyol
Asking The Family Question, Berta E. Hernández-Truyol
Berta E. Hernández-Truyol
Today, the international community is taking strides to address the needs/concerns of the family and to develop norms regarding its protection. However, principles of international law that address issues regarding the family are relatively new. Moreover, to date, these principles have primarily focused on certain specific rights, such as children's rights, women's rights, and child labor rights, rather than incorporating family well-being as a central aim of all international law and relations. This essay proposes a fundamental shift in the approach to international policy and law-making, as well as the engagement of international relations, to include a family-sensitive, culturally inclusive, …
Habitual Residence, Home State, And Cross-Border Custody Jurisdiction: Time For A Temporal Standard In International Family Law, Todd Matthew Heine
Habitual Residence, Home State, And Cross-Border Custody Jurisdiction: Time For A Temporal Standard In International Family Law, Todd Matthew Heine
Todd Heine
This article addresses jurisdictional standards that arise in every cross-border child custody dispute between European Union Member States and the United States—habitual residence and home state jurisdiction. These jurisdictional standards face uncertainty in many cases. The article covers three areas of international family law. First, the article provides a history of family law jurisdiction in the United States and thoroughly reviews home state jurisdiction in United States domestic law. While domestic family lawyers know this standard, the standard’s rigidity and fragmented application among the states baffles many foreign family lawyers. Second, the article offers an overview of the remarkable emergence …