Child Migration: International Family and Immigration Laws

By: Jemma Dally, Kathryn Cronin
ISBN: 9781526502209

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About Child Migration: International Family and Immigration Laws

The Office of the Head of International Family Justice for England & Wales (created in 2005) has advised on ‘The need for all involved in family law to integrate a trans-national mind-set into their approach to resolving cases …, especially given globalisation, increasing movement of persons across borders, and the ever rising number of family units which are truly international.’ Child Migration: International Family and Immigration Laws serves to fill... Read more

Review

This is a much needed text with a potentially relatively large audience: both family and immigration practitioners and local authority lawyers (when children are in their care).I agree that it is needed, and that many local authority lawyers and family lawyers generally have very little idea of immigration and nationality law as it impacts on children. Similarly, family courts often have to get expert immigration opinion in cases about children that come before them. Personally, I would buy this text as it impacts on my daily work.

- Alison Stanley, Partner, Bindmans

About Child Migration: International Family and Immigration Laws

The Office of the Head of International Family Justice for England & Wales (created in 2005) has advised on ‘The need for all involved in family law to integrate a trans-national mind-set into their approach to resolving cases …, especially given globalisation, increasing movement of persons across borders, and the ever rising number of family units which are truly international.’

Child Migration: International Family and Immigration Laws serves to fill that need and gap for a practical text combining cross-disciplinary and jurisdictional issues of the interaction between immigration and family law in relation to the movement of children.

Family and immigration law concern State and parental decisions directing children’s placements, travel and the international movements of families. Parents or children in family law cases may be British or foreign nationals, permanent or temporary residents, over stayers, claimants for asylum or the victims of trafficking or of domestic violence in their home countries. These cases can involve vexed questions concerning jurisdiction, identity, parenthood and differing family customs and norms.

In some cases the UK Border Agency, immigration appellate authorities and family courts are simultaneously engaged with the same family, determining questions associated with parental/child contact, care and protection or residence. In some cases the Secretary of State for the Home department will intervene in proceedings where a decision in the family court may bring an immigration benefit.

This title is of relevance to lawyers dealing with stranded, separated, unaccompanied, adopted, surrogate born, abducted and migrant or refugee children need to know and understand the relevant family and immigration law options and implications. Children in such cases may be separated from their families or carers, may be being reunited with family members or being placed within the wider family. Professionals involved in these cases need to be aware of how families and children will be able to travel to, enter and remain in the UK or leave the UK and enter a foreign jurisdiction and how judgments made in one jurisdiction are or can be recognised in the UK. Children in these cases are often in vulnerable situations which can only be remedied when both their family and immigration problems are resolved.

As well as dealing with these legal intersections, Child Migration: International Family and Immigration Laws identifies the legal issues and problems and the multi-disciplinary legal issues embedded in these cases. This work seeks to address these multi-disciplinary and jurisdictional issues and fill a clear gap in the market. It deals with core issues – such as the history of child migration, jurisdiction issues (domicile, habitual residence and the presence of the child) as well as the family and immigration issues associated with family travel, family separation, the creation of family relationships through adoption, surrogacy, guardianship and the movement of unaccompanied and trafficked children. In each and all of these cases, the parties and courts are likely to be dealing with intersecting family and immigration laws. These cases are now more frequent and more complex with one explanation for this increase being the UK’s changed demography.

Child Migration: International Family and Immigration Laws has a practical focus providing the detail, case authority, international guidance and practical experience with the case contexts in which these issues arise. The authors include regular sections where following an exposition on the law; they then address the issues by reference to model case facts.

It features the core international (UN, Council of Europe, HCCH) and EU family directives, UK wide and English and Scottish family laws, UK wide English and Scottish cases and guidance as well as nationality and immigration laws, rules and policies including:
– The Immigration Act 2016
– Immigration Rules 2016
– Human Fertilisation and Embryology Acts 1990 and 2008
– British Nationality Act 1981
– The Children Act 1989
– The Hague Convention on the Protection of Children and Co-operation in Respect of Inter-country Adoption (Convention)
– European Convention on Human Rights (as amended)

Child Migration: International Family and Immigration Laws is an essential guide to this complex area of law for both practitioners at entry level and experienced practitioners.

Table of Contents

Chapter 1: Introduction – The History of Child Travel/Child Migration – including the forced relocation of children in child migrant schemes, the Sources of law, including private international law, immigration and family law

Chapter 2: A Shared Deliberation – the Intersection of Family and Immigration Cases – including the Court’s Jurisdiction, differing definitions of Parentage and Guardianship and the International and Domestic UK Recognition of family relationships.

Chapter 3: Children’s Rights and Family Life Rights in Family and Immigration law

Chapter 4: Citizenship, Residence and Identity Issues for Children

Chapter 5: Children in Families – their entry, residence and removal

Chapter 6: Adopted and Surrogate Born children – the immigration arrangements

Chapter 7: Intercountry Hague and Overseas Adoptions – the family and immigration intersections

Chapter 8: Immigration Issues in Care Proceedings and the international placement of children

Chapter 9: Unaccompanied, refugee and trafficked children, including Stranded Spouse and Children – and the use of the Dublin III Regulation for reuniting unaccompanied stranded children – the immigration and family law issues

Chapter 10: Parental Decisions on Moving Children – abduction, parent and child relocation, private fostering and child students

Publishing Details

Publication Date: 13 December 2018
ISBN: 9781526502209
Binding: Hardback
Series: 422
Edition: 1

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