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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Family law
This monograph examines the intricate legislative and
jurisprudential scenario of family reunification between EU
citizens and third country nationals that has developed in the
European Union over the last 50 years. Focusing on family residence
rights granted to third country national family members of EU
citizens, it examines one of the largest sectors affected with over
two hundred thousand permits granted each year. In addition to its
practical significance, the field has been the object of a lively
debate, which has yet to be systematically analysed. Using a
historical approach, it illustrates the development of the
legislation and of the case law on the issue considering the
factors that influenced the choices of the EU Legislator and of the
Court over the years. It also suggests what future path the Court
could take when deciding on cases in the field in order to
reinforce the protection of families. This important research
ensures full understanding of the EU legislation and of the Court's
jurisprudence and allows for its correct application by Member
States.
"I worked in a trailer that ICE had set aside for conversations
between the women and the attorneys. While we talked, their
children, most of whom seemed to be between three and eight years
old, played with a few toys on the floor. It was hard for me to get
my head around the idea of a jail full of toddlers, but there they
were." For decades, advocates for refugee children and families
have fought to end the U.S. government's practice of jailing
children and families for months, or even years, until overburdened
immigration courts could rule on their claims for asylum. Baby
Jails is the history of that legal and political struggle. Philip
G. Schrag, the director of Georgetown University's asylum law
clinic, takes readers through thirty years of conflict over which
refugee advocates resisted the detention of migrant children. The
saga began during the Reagan administration when 15-year-old Jenny
Lisette Flores languished in a Los Angeles motel that the
government had turned into a makeshift jail by draining the
swimming pool, barring the windows, and surrounding the building
with barbed wire. What became known as the Flores Settlement
Agreement was still at issue years later, when the Trump
administration resorted to the forced separation of families after
the courts would not allow long-term jailing of the children.
Schrag provides recommendations for the reform of a system that has
brought anguish and trauma to thousands of parents and children.
Provocative and timely, Baby Jails exposes the ongoing struggle
between the U.S. government and immigrant advocates over the
duration and conditions of confinement of children who seek safety
in America.
In explaining non-court dispute resolution processes and in
managing the mediation process carefully, mediators need awareness,
empathy and a high level of knowledge and skills. Lisa Parkinson's
definitive mediation textbook has been brought up to date to
incorporate new developments in Family Justice and in mediation
theory and practice. It is an authoritative and practical guide
which not only explains the principles and process of family
mediation but also places it in the context of a changing family
justice system and its interaction with other professionals and
processes. The text is supplemented by appendices containing key
sample documentation. As such it remains the authoritative book in
its subject area and essential reading for all mediators.
Modern family life exhibits a huge variety of new forms. Legal
responses to these new forms illustrate the continuing differences
between European nations. Nonetheless, the Strasbourg Court has
been increasingly active in this area, which provides fertile
ground for testing the legitimacy of the Court's interpretation of
the European Convention on Human Rights. When national law refuses
to recognize a claimed right, litigants regularly reassert that
right before the Strasbourg Court. This has forced it to seek
answers to complex domestic controversies, such as the legal
recognition for same-sex partners and transgender persons, the
ethics of adoption and reproductive rights, the legal regime for
cohabitants, or the accommodation of immigrants' aspiration to
family reunion. Placing family rights at the core of the judicial
legitimacy debate, this book provides a critical analysis of the
standards of family rights protection under the Convention. It
evaluates the Court's interpretive methodology and discusses the
tensions inherent in its supranational quasi-constitutional
function. These include the risk of excessive deference to national
authorities, at the expense of the effective enforcement of
universal rights; the addition of 'new rights'; and inattention to
the division of responsibilities between democratic processes
within sovereign States and the subsidiary international review.
Jackson's Matrimonial Finance is an authoritative specialist text
covering all aspects of financial problems arising from the
breakdown of a marriage. The new tenth edition brings the content
fully up to date with recent developments following reforms and
changes to family law procedure including: * Introduction of the
single family court provided by the Crime and Courts Act 2013, *
Children and Families Act 2014 including support for those whose
parents are separating, * Introduction of child arrangement orders
(FPR 2010, PD 12) to replace residency and contact orders, * Impact
of ante-and post-nuptial settlements following Radmacher v
Granatino 2 and Luckwell v Limata 3 * The effect of pensions reform
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