Same-sex relationships have successively qualified for formalization through marriage or registered partnership in many European countries. However, some EU Member States still refuse to give them any form of recognition or only allow very limited legal effects. The irregular speed of development in domestic family laws in EU Member States results in 'limping family' relations, that is, family relations that are recognised as creating a formal civil status in many EU Member States, but not in all of them. The ordre public safeguard of private international law has widely been used to justify why a same-sex marriage or registered partnership cannot be recognised. The pretext tends to be that national identity, allegedly, becomes threatened. Nevertheless, the case-law of the European Court of Human Rights and the Court of Justice of European Union provides new standards for recognition, which create legal obligations for EU Member States.

This book contains an in-depth legal analysis of Article 12 of the UN Convention on the Rights of the Child, the European Convention on Human Rights, the European Convention on the Exercise of Children's Rights, the Council of Europe's Guidelines on Child-Friendly Justice and Recommendation on the participation of children, and the European Union Charter of Fundamental Rights. The result is a comprehensive assessment of the child's right to participate in family law proceedings, providing the first complete analysis of the international and European human rights instruments in this field. Of note, the book's analysis of the case law of the European Court of Human Rights is unique, in both the inclusion of all of the Court's judgments and decisions on child participation as well as the application of an innovative and rigorous method of qualitative content analysis. This book therefore provides a greater understanding of the child's right to participate under Article 8 of the European Convention on Human Rights.

The Child's Right to Participate in Family Law Family Law Proceedings: Represented, Heard or Silenced? is a must read for scholars, family justice professionals, policy makers, and all persons working in the fields of children's rights and family law.

This topical and timely book considers children's participation rights in the context of family law proceedings, and how their operation can be improved for the benefit of children and family justice systems globally. In doing so, it provides the pedagogical reasoning for child participation, as well as a thorough analysis of the relevant human rights instruments in this area, including the United Nations Convention on the Rights of the Child.

This comprehensive book examines the way in which private international law instruments deal with child participation in separation/divorce, parental responsibility and child abduction proceedings. In addition, the book includes individual contributions from renowned family law experts from 17 countries who describe and analyse the local laws and exercise of child participation rights in their own jurisdictions. These insightful texts include the authors' views on the improvements needed to ensure that child participation rights are fully respected and implemented in the countries under review. A detailed comparative analysis follows which helpfully pinpoints both the key commonalities and differences in these global processes. Finally, the concluding chapter draws together the different perspectives revealed across the handbook, and identifies several key issues requiring further reflection from scholars, policy makers and family justice professionals.

The International Handbook on Child Participation in Family Law is a rich source of information and essential reading for all those working in this important and evolving field.

'Gray's work is an extremely rewarding read to understand the structures and connections [in the choice of court and choice of law rules in family and succession matters]' -- Prof Dr Peter Mankowski, FamRZ, 2021. This quote has been translated from German. This book focuses on the concept of party autonomy in cross-border family matters and succession in EU private international law. It analyses the choice of court and choice of law provisions that has been developed within this framework over the past two decades. These rules are evaluated and compared in view of the underlying values and objectives in the EU context. Does the manifestation of these provisions meet the EU's objectives in adopting legislative action? If not, what factors prevent them from doing so? Are there any gaps that need to be addressed and how might these issues be tackled? Party Autonomy in EU Private International Law: Choice of Court and Choice of Law in Family Matters and Succession is valuable to researchers, legal practitioners and civil servants with an interest in private international law and/or cross-border family- and succession law issues.

There can be no doubt that both substantive family and succession law engage in significant interaction with private international law, and, in particular, the European Union instruments in the field. While it is to be expected that substantive law heavily influences private international law instruments, it is increasingly evident that this influence can also be exerted in the reverse direction. Given that the European Union has no legislative competence in the fields of family and succession law beyond cross-border issues, this influence is indirect and, as a consequence of this indirect nature, difficult to trace. This book brings together a range of views on the reciprocal influences of substantive and private international law in the fields of family and succession law. It outlines some key elements of this interplay in selected jurisdictions and provides a basis for discussion and future work on the reciprocal influences of domestic and European law. It is essential that the choices for and within certain European instruments are made consciously and knowingly. This book therefore aims to raise awareness that these reciprocal influences exist, to stimulate academic debate and to facilitate a more open debate between European institutions and national stakeholders. With contributions by Elena Bargelli (University of Pisa, Italy), Anne Barlow (University of Exeter, England, United Kingdom), Elena D'Alessandro (University of Turin, Italy), Elise Goossens (KU Leuven; Vrije Universiteit Brussel; University of Antwerp, Belgium), Nigel Lowe (Cardiff University, Wales, United Kingdom), Robert Magnus (University of Bayreuth, Germany), Maire Ni Shuilleabhain (University College Dublin, Ireland), Walter Pintens (KU Leuven, Belgium; Saarland University, Germany), Pablo Quinza Redondo (University of Valencia, Spain), Lukas Rass-Masson (University of Toulouse, France), Anne Sanders (University of Bielefeld, Germany), Jens M. Scherpe (University of Cambridge, England, United Kingdom; University of Hong Kong; University of Aalborg, Denmark; University of the Western Cape, South Africa), Wendy Schrama (Utrecht University, The Netherlands), Denise Wiedemann (Max Planck Institute for Comparative and International Private Law, Hamburg, Germany).

A book series dedicated to the harmonisation and unification of family and succession law in Europe. The series includes comparative legal studies and materials as well as studies on the effects of international and European law making within the national legal systems in Europe. The books are published in English, French or German under the auspices of the Organising Committee of the Commission on European Family Law (CEFL). The ageing population poses a huge challenge to law and society and has important structural and institutional implications. This book portrays elder law as an emerging research area and brings together authors from different disciplines (history, sociology and law) and from different legal jurisdictions (Austria, Belgium, England, Germany, the Netherlands and Spain). Topics discussed inter alia include: the recognition of informal care in private law and in inheritance law, the question of whether special consumer protection is needed for the elderly, intergenerational support duty between children and their parents, and public law offering options to support informal care by means of leaves for employees. In doing so, this book reflects on the allocation of responsibilities between different actors and answers questions at an institutional level: what is the role of the state, the family and the individual in taking care of the elderly? This book will appeal to academic scholars and postgraduate students of law and social sciences. With contributions by Elisabeth Alofs (Free University of Brussels), Susanne Burri (Utrecht University), Christian Dorfmayr (University of Vienna), Susanne Heeger-Hertter (Utrecht University), Leen Heylen (Thomas More University of Applied Sciences), Jeroen Knaeps (Thomas More University of Applied Sciences), Dimitri Mortelmans (University of Antwerp), Froukje Pitstra (University for Humanistic Studies), Jordi Ribot (University of Girona), Wendy Schrama (Utrecht University), Ute Christiana Schreiner (University of Vienna), Brian Sloan (University of Cambridge), Veerle Vanderhulst (Free University of Brussels) and Frauke Wedemann (University of Münster).Elisabeth Alofs is Professor of Family (Property) Law and Director of the Master of Laws in Notarial Studies at the Free University of Brussels. She is a post-doctoral researcher at the University of Antwerp and is Vice President of the Flemish Association of Lawyers. Elisabeth publishes on family law and social security law and is an editor of several law journals and book series. Wendy Schrama is Professor of Family Law and Comparative Law and Director of the Utrecht Centre for European Research into Family Law (UCERF) at Utrecht University. She serves as an editor of several family law journals and commentaries, and has published extensively on family law issues. She also is a part-time family law judge at a Dutch district court and has previously worked at the Dutch Ministry of Justice.

This book covers five areas of family property law in Europe:- Matrimonial Property Law in Europe,- Family Contracts - Issues of Autonomy,- Protection of Older People in Law,- Freedom of Testation and Protection of Family Members, and - Unification of Private International Law.All of these issues are highly relevant as Europe is at a key stage in its development, with all societies experiencing broadly similar demographic trends and facing the social and legal policy challenges that accompany them. The increase in international mobility and multi-jurisdiction couples poses both increased pressure to provide private international law solutions, and prompts calls for substantive harmonisation. The high divorce rate in many jurisdictions means that matrimonial property and maintenance issues affect more families. Other social changes, such as increased maternal labour market attachment, invite reconsideration of the basis for financial relief between spouses on divorce. All jurisdictions are also experiencing growth in cohabitation and extra-marital births. In short, family structures are becoming more complex. This raises questions concerning the division of property both on separation and on death, where the appropriate priority amongst the diverse range of surviving family members needs to be resolved. Moreover, as fertility rates decline and populations age, increasing numbers of older people require costly personal and medical care, prompting a new set of questions for law and society to resolve.These issues are discussed throughout the book, together addressing the broad question: what might be the future of family property law in Europe?This book contains the papers presented at the fourth conference of the Commission for European Family Law, which took place in Cambridge, UK in April 2010.About the book'Written in English, 'The Future of Family Property in Europe' is the 29th book of the Intersentia series in Family Law and benefits from well-expressed arguments, clarity and thoughtfulness throughout. [For the library it is essential if the institution purports to deal in legal matters European. Would I recommend it? Oh yes, indeed I would.'Penny Booth in 2011 European Family Law'This is a worthwhile read. [The book] starts with a brilliantly written contribution from Lord Justice Thorpe [...].'Dieter Henrich in Zeitschrift für das gesamte Familienrecht (FamRZ) 2012, 1463

This volume contains the contributions delivered at CEFL's sixth international conference, which focused on comparative and international family law in Europe in their respective cultural contexts. Inter alia in this book CEFL experts and other legal scholars address the CEFL and its Principles, the interrelation of family law and family sociology, family migration, children's and women's fundamental rights, as well as the developing concept of parenthood, the role of children in family proceedings, extra-judicial divorces and ADR in family matters. While the development of modern trends in European family law is going on, some new challenges arise and old challenges remain. The awareness of more plurality and diversity in family relationships is increasing. Both pose problems. New legal solutions have to be integrated into the existing family law system. On the other hand, there are tensions between modern fundamental values and traditional religious solutions. For both a deeper analysis is necessary. The conference, and in turn the book, aims to enhance the exchange of ideas and arguments on comparative and international family law in Europe.

The legal status of lesbian, gay, bisexual and transgender (LGBT) people has undergone significant changes in several countries, but remains highly complex and difficult for those affected. Although same-sex partners may have the right to marry or enter into a registered partnership in one Member State, this legal relationship may not be recognised when they exercise their right to freedom of movement. The same is true for certain parent-child relationships, which may be recognised as such in one Member State but not another.This book explores the challenges and controversies concerning the recognition of same-sex relationships throughout the EU through the lens of EU legislation, the case law of the CJEU and ECtHR, and recent national developments. Following the Irish referendum and the recent ECtHR judgment in Oliari v Italy, more changes are expected in the near future.The opening part of the book describes the current state of play in all EU Member States (and beyond) when formalising a same-sex relationship, 'steady progress' being the key term in describing the developments in many countries (with the exception of six Eastern European states that object to legislation in this field). The second part concentrates on parenthood and children's rights, notably adoption, surrogacy, multiple parenting and the range of parenting rights for same-sex couples, transsexual and transgender people. The third part on gender identity and human rights discusses the legal aftermath of the European Court of Human Rights' judgment in Oliari, condemning Italy for failing to protect homosexuals' right to family life. Furthermore, it explains EU legislation against discrimination on grounds of sexual orientation and the challenges lesbian, gay, bisexual and transgender applicants are confronted with when reaching Europe as refugees. The book ends with a lively debate on the right to change one's legal sex and raises the fundamental question whether we still need sex as a legal category.This book is written for both the academic and professional readership.About the editors:Prof Dr Katharina Boele-Woelki is Dean and Claussen Simon Professor of Comparative Law at Bucerius Law School, Hamburg. She is also President of the International Academy of Comparative Law; Member of the Curatorium of the Hague Academy of International Law; Chair of the Commission on European Family Law; and Vice- Chair of the International Advisory Board of the Alexander von Humboldt Foundation.Dr Angelika Fuchs is Head of Section in European Private Law at the Academy of European Law (ERA) in Trier.

The book is required reading for all concerned with policy in this field academics and all concerned with advising clients about entering or dissolving civil partnerships. It may well be that Justices of the Supreme Court will be reaching for their copies when considering judgement in the Steinfeld case." - Martin Downs (April 2018 Family Law Journal) A book series dedicated to the harmonisation and unification of family and succession law in Europe. The series includes comparative legal studies and materials as well as studies on the effects of international and European law making within the national legal systems in Europe. The books are published in English French or German under the auspices of the Organising Committee of the Commission on European Family Law (CEFL).In many jurisdictions registered partnerships were introduced either as a functional equivalent to marriage for same-sex couples or as an alternative to marriage open to all couples. But now that marriage is opened up to same-sex couples in an increasing number of jurisdictions is there a role and a need for another form of formalised adult relationship besides marriage? In this book leading family law experts from 15 European and non-European countries explore the history and function of registered partnership in their own jurisdictions. Further chapters look at the impact of the European Convention on Human Rights and European Union Law on the regulation of registered partnerships. In the concluding chapters the different approaches are analysed and compared. This book provides the foundation for an informed discussion not only on changes to the implementation of registered partnership schemes but also more generally for reviewing the law concerning the recognition of adult relationships. About the editors: Dr Dr Jens M. Scherpe is a Reader at the University of Cambridge and Cheng Yu Tung Visiting Professor at the University of Hong Kong Dr Andy Hayward is a Lecturer in Family Law at Durham Law School Durham University.

This book describes and analyses the different legal approaches and policy discussion regarding cohabitation in the Nordic countries (Iceland, Denmark, Norway, Sweden and Finland). It looks at historical developments, general private law principles, division of property on separation or death of one cohabitant, inheritance, and the regulations concerning children born to cohabitants. It concludes by proposing principles for the regulation of the financial circumstances of cohabitants.

There has been much discussion worldwide on parenting after parental separation, especially on the desirability for the children involved of equally shared care (co-parenting) and the feasibility of legal arrangements in which the children alternate their residence between their parents' houses (residential co-parenting). Much is unclear about how residential co-parenting affects children and therefore how the legislator and practitioners should deal with this arrangement.Divided Parents, Shared Children seeks to answer three questions to further understand the phenomenon of co-parenting and to provide the legislator, the courts and parents with possible solutions: What kind of legal framework exists in England and Wales, the Netherlands and Belgium with regard to (residential) co-parenting and what can these countries learn from each other's legal systems? Does residential co-parenting occur in the countries discussed, and if so how predominant is it? Should these jurisdictions encourage or discourage residential co-parenting through legal action? To answer these questions, this book uses not only legal data, from both empirical and literature research, but also sociological, psychological and demographic studies into residential arrangements and their effect on children.

Inner Temple New Author's Prize 2015 Winner of the Cambridge Law Faculty's Yorke Prize 2015Cited by the Court of Appeal in N (Children) (Adoption: Jurisdiction) [2014] EWFC 45European jurisdictions play a central role in intercountry adoption, both as countries of origin for children being placed, and as receiving countries. In 2010, 50 per cent of all children involved in intercountry adoption worldwide were sent to countries within Europe, while three European states - France, Spain and Italy - have been in the top five receiving states in the world for the past 15 years. In addition, of the approximately 30,000 children involved in intercountry adoption per year worldwide, around one-third come from European jurisdictions. The question that this book aims to answer is very simple: how can we best protect the rights of these children? Using the United Nations Convention on the Rights of the Child and the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption as the foundation for analysis, this book provides an examination of the application of children's rights in the field of intercountry adoption. It uses European jurisdictions as examples of both good and bad practice in order to illustrate the issues that arise in the practical implementation of these principles. In doing so, the book proposes normative guidelines within which intercountry adoption can be effected in a manner that protects the rights of children in Europe.This book argues that children involved in intercountry adoption should be afforded the same safeguards, the same protection, as children in domestic placements, in a system that focuses on the welfare of the child as the paramount consideration.The book covers in detail the following issues:- the place of intercountry adoption within the domestic system- the applicability of intercountry adoption as a child protection mechanism, and the impact it can have on other forms of alternative care- the conditions for parental consent to intercountry adoption; including the identity of those who must give consent, and how it can be dispensed with- the mechanisms used to prevent consent being obtained improperly, and to prevent the illegal trafficking of children- the participation of the adopted child in the decision-making process- the right of the child to obtain information concerning his or her biological parents- the eligibility of prospective adopters- the support necessary for a successful adoptive placementAbout this book': [The book] takes a high-level view at how international adoption works and its consequences. [...] This book should be compulsory reading for anyone involved in the creation of, of lobbying for, or research into, adoption law. But that is not to say it has no value to the practitioner. The book is filled with interesting insights into how adoption is practiced throughout the EU, as well as Russia, Ukraine and the US.' Ruth Cabeza in [2015] 2 International Family Law

This volume contains the contributions delivered at CEFL's fifth international conference, which focused on comparative and international family law in Europe in their respective cultural contexts. Inter alia this book discusses the new Principles of European Family Law regarding Property Relations between Spouses, the proposed EU private international law regulations for international couples and their property relations, the national laws of a growing number of countries which legislate non-formalised relationships, and the new developments regarding social, biological and legal parentage.