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Globalisation of Adjudication in International Family Law: Serving International Families by Producing International Solutions

from Part II - International Family Law

Published online by Cambridge University Press:  12 October 2018

David Hodson
Affiliation:
University of Law, United Kingdom
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Summary

OVERVIEW

The number of international families has grown hugely, with the trend likely to continue with increased mobility of labour and travel. But they have been ill served by family law which remains stoically, and sometimes jingoistically, national. The international family laws which do exist sometimes work well but are too oft en dependent upon national interpretations and resources. This cannot continue. It is for the community of international family lawyers to debate and find solutions and then persuade both national governments and international organisations of their importance. Justice and fairness requires it.

THE LIVES OF INTERNATIONAL FAMILIES

There are now very many international families. These families live in an international community. Some are totally immersed in an entirely expat community within a country. Some adopt some aspects of the country, perhaps dependent upon the term of years they are likely to be living in that country. Some live entirely within the national community but may have one family member who maintains ongoing connections with the home country. There are national families with ongoing connections with other countries such as holding property or pensions abroad. International families are very varied. They share the distinctive quality of an overall lesser connection with home countries. This plays out in various aspects of their life.

Some work for international employers, with international terms of employment which include real risks of international travel or relocation as contract terms. They may be paid from abroad or indeed be paid in a country abroad. They may build up a pension abroad. These kinds of international families will be distinctly more comfortable with international currencies, transferring funds abroad and holding funds abroad. They are likely to be at least bilingual. Their children are more likely to be at international schools studying for internationally recognised exams, and in turn more likely to be meeting other children of other nationalities. They will live digital lives in order best to maintain contact with family and friends. They will be familiar with international developments either in their home countries or generally across the globe, for the simple reason that these developments affect them more than national families.

Type
Chapter
Information
International and National Perspectives on Child and Family Law
Essays in Honour of Nigel Lowe
, pp. 153 - 166
Publisher: Intersentia
Print publication year: 2018

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