Children in Migration and International Family Law

This open access book offers readers a better understanding of the legal situation of children and families migrating to the EU. Shedding light on the legal, practical, and political difficulties at the intersection of international family law and migration law, it demonstrates that enhanced coordination between these policy areas is crucial to improving the legal situation of families on the move. It not only raises awareness of these interface issues and the need for stakeholders in migration law and international family law to collaborate closely, but also identifies deficits in the statutory framework and suggests possible remedies in the form of interpretation and regulatory measures.
The book is part of the EU co-financed FAMIMOVE project and includes contributions from international experts, who cover topics such as guardianship, early marriage, age assessment, and kafala from a truly European perspective. The authors' approach involves a rigorous analysis of the relevant statutory framework, case law, and academic literature, with particular attention given to the best interest of the child in all its facets. The book examines how this principle can be more effectively applied and suggests ways to foster a more fruitful understanding of its regulatory potential.
Given its scope and focus, the book will be of interest to researchers, scholars, and practitioners of Private International Law, Family Law, and Migration Law. It makes a valuable contribution to these fields, particularly at their often-overlooked intersections.

This book is open access, which means that you have free and unlimited access Provides a comprehensive reference work for the protection of families in migration Written by renowned experts from various EU member states Offers in-depth analyses of important individual issues such as guardianship, kafala and child marriage

Auteur

Bettina Heiderhoff is Director of the Institute for German and International Family Law and Professor for Private International Law, International Civil Procedure and German Private Law at the University of Münster. From 2006 to 2013, she held a Chair for Private Law at Hamburg University. Her research interests include international family law and the interface of migration law and family law. She is also specialised in EU private law and consumer protection.

Stefan Arnold is Director of the Institute of International Business Law and holds the Chair for Private Law, Philosophy of Law, and Private International Law at the University of Münster. From 2014 to 2017, he held the Chair for Private Law, Comparative Law and Private International Law at the Karl Franzens University of Graz. He habilitated in 2013 at the Ludwig-Maximilians-University of Munich and was a member of the Young Academy of the Bavarian Academy of Sciences and Humanities from 2011-2014. His research interests include international family law and philosophy of law.

Contenu

Children in Migration and International Family law an introduction Children in Migration and International Family law an introduction.- An Introduction to FAMIMOVE, its accomplishments and its challenges.- The child's best interests in international jurisdiction under the Brussels IIter Regulation.- The Child's Best Interests Principle in EU Law on Third-Country Nationals.- Binding effect of an age assessment.- Guardianship of children in the context of migration in Hungary.- Guardianship and other protective measures for minor refugees in Germany.- A European Approach to Cross-Border Guardianship.- Early Marriages in Sweden.- Early Marriage in Germany Law and Politics of Cultural Demarcation.- Early Marriages in Austria private international law and ordre public assessment.- Early Marriage a European Perspective.- Beyond kafla: How parentless children are placed in new homes in Muslim jurisdictions.- Kafla in France.- Kafla in the Netherlands.- Kafla in Belgium: private international law as an essential tool to establish migration law consequences?.- Principles to ensure a cross-border kafla placement is in the best interests of the child.- Recognition of kafla in European member states need for a uniform approach?.- The Role of the Court of Justice in Shaping the Right to Maintain Family Unity for Beneficiaries of International Protection.- Polygamous marriages and reunification of families on the move under EU law: an overview.