Child Migration: International Family and Immigration Laws

Author: Kathryn Cronin; Jemma Dally
Publisher: Bloomsbury Professional (formerly Tottel Publishing)
ISBN: 9781526502209
Published In: May 2024
Format: Hardback , 952 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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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 transnational mindset 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.

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. 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.
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