This new title 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 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.
The book provides the detail, case authority, international guidance and practical experience with the case contexts in which these issues arise. There are regular sections where following an exposition on the law; the book then addresses 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)
An essential guide to this complex area of law for both practitioners at entry level and experienced practitioners.