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.
Read an extract of Child Migration: International Family and Immigration Laws
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