International family law deskbook /
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| Author / Creator: | Estin, Ann Laquer, 1956- author. |
|---|---|
| Edition: | Second edition. |
| Imprint: | Chicago : American Bar Association, ©2016. |
| Description: | xiv, 338 pages ; 26 cm |
| Language: | English |
| Subject: | |
| Format: | Print Book |
| URL for this record: | http://pi.lib.uchicago.edu/1001/cat/bib/10541657 |
Table of Contents:
- 1. Transnational Family Litigation
- 1.1. Determining Jurisdiction and Choice of Law
- Federal Court Jurisdiction
- Parallel Proceedings and Injunctive Relief
- Forum Non Conveniens
- Choice of Law and Proof of Foreign Law
- 1.2. Obtaining international Judicial Assistance
- Service of Process
- Hague Service Convention
- Inter-American Convention
- Letters Rogatory
- Discovery and Taking Evidence
- Hague Evidence Convention
- Obtaining Evidence in the United States for Use Abroad
- Legalization and the Apostille Convention
- 1.3. Recognizing and Enforcing Judgments
- Comity
- Recognition under Uniform Laws
- Foreign Recognition and Enforcement of U.S. Court Orders
- Notes
- 2. Marriage, Partnership and Cohabitation
- 2.1. Getting Married
- Common Law and Putative Marriage
- Marital Consent
- Child Marriage: Age Requirements
- Forced Marriage: Fraud and Duress
- Marriage Prohibitions
- Close Family Relationships
- Polygamy
- Same-Sex Couples
- Annulling a Marriage
- Jurisdiction and Choice of Law
- Consequences of Annulment
- 2.2. Marriage Alternatives: Partnership and Cohabitation
- Civil Union and Registered Partnership
- Cohabitation
- 2.3. Recognition of Marriage and Partner Relationships
- Formal Validity
- Substantive Validity
- Recognizing Civil Union or Registered Partnership
- Marriage and Partnership Recognition in Other Countries
- Marriage and Immigration
- Notes
- 3. Divorce and Separation
- 3.1. Bringing a Divorce Action
- Jurisdiction
- Residence and Domicile
- Divisible Divorce
- Service of Process
- Choice of Law
- Foreign Country Divorce Laws
- Managing Parallel Proceedings
- Inconvenient Forum
- Injunctive Relief
- Dealing with Domestic Violence
- 3.2. Recognition of Divorce and Separation Decrees
- Comity
- Nonjudicial Divorces
- Foreign Recognition of Divorce and Separation Decrees
- The Hague Divorce Convention
- European Union Principles
- Divorce and Immigration
- Notes
- 4. Financial Aspects of Marriage and Divorce
- 4.1. Marital Property and Support Rights
- 4.2. Marital Agreements
- Enforceability
- Foreign Country Marital Agreements
- Choice of Law in Marital Contracts
- Religious Marital Agreements
- Immigration Support Agreements (Form 1-864)
- Separation Agreements
- 4.3. Litigating Property and Support Rights
- Obtaining Jurisdiction
- Military Divorces
- Divisible Divorce
- Divorce Jurisdiction in Other Countries
- Managing Parallel Proceedings
- Inconvenient Forum
- Injunctions
- Determining Choice of Law
- 4.4. Recognizing and Enforcing Marital Property Orders
- Extending Comity
- Uniform Foreign Money-Judgments Recognition Act
- Foreign Recognition of Marital Property Judgments
- 4.5. Enforcing and Modifying Spousal Support Orders
- Uniform Interstate Family Support Act (UIFSA)
- Modifying Spousal Support
- Enforcing Support Orders Based on Comity
- Hague Family Maintenance Convention
- Foreign Recognition and Enforcement of Support Orders
- Using the Maintenance Convention
- Notes
- 5. Parental Responsibility up
- 5.1. Establishing Parent-Child Relationships
- Legitimacy
- Determining Parentage
- Parentage Statutes
- Jurisdiction, Procedure, and Choice of Law
- Non-Marital Parents and Rights of Custody
- Assisted Reproduction and International Surrogacy
- 5.2. Determining Custody and Access Rights
- Language, Religion, Culture, and Citizenship
- Parents and Nonparents
- Parental Responsibilities in Military Families
- Custody and Access Rights in Other Countries
- International Access and Relocation
- International Travel with Children
- 5.3. Litigating Parental Responsibilities
- Working with the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
- Determining the Child's Home State
- Establishing Initial Jurisdiction
- Invoking Temporary Emergency Jurisdiction
- Grounds to Decline Jurisdiction
- Effect of Pending Hague Abduction Proceedings
- Exclusive, Continuing Jurisdiction
- Modification Jurisdiction
- Notice and Procedure in International Cases
- Child's Right to Be Heard
- Preventing Child Abduction
- Litigating Custody in Other Countries
- 5.4. Recognizing and Enforcing Parental Responsibility Orders
- Remedies for Violation of Custody Orders
- Extending Comity
- Applying the UCCJEA to Foreign Custody and Access Orders
- Registering a Foreign Child Custody Determination
- Obtaining Expedited Enforcement
- Obtaining an Emergency Warrant
- Assistance of Public Authorities
- Enforcing Access Rights
- Hague Child Protection Convention
- Obtaining Recognition and Enforcement Abroad of U.S. Custody and Access Orders
- Notes
- 6. International Child Abduction
- 6.1. Working with the U.S. Central Authority
- Seeking Assistance after a Wrongful Removal or Retention
- Outgoing Hague Abduction and Access Cases
- Abductions to Non-Hague Countries
- Incoming Abduction and Access Cases
- Mediation and Voluntary Agreements
- 6.2. Litigating Hague Abduction Cases
- Establishing a Wrongful Removal or Retention
- Habitual Residence
- Rights of Custody
- Actual Exercise
- Establishing an Exception to Return
- Article 12: More Than One Year/Child Settled in New Environment
- Article 13a: Rights Not Exercised, Consent or Acquiescence
- Article 13b: Grave Risk of Harm or Intolerable Situation
- Article 13: Child's Objections to Return
- Article 20: Public Policy: Human Rights and Fundamental Freedoms
- Equitable Arguments: Unclean Hands and Fugitive Disentitlement
- Return Orders and Undertakings
- Enforcement and Recognition of Return Orders
- Rights of Access
- Special Procedural and Evidentiary Issues
- Judicial Communication
- Provisional Measures
- Effects of Convention Proceedings on Custody Litigation
- Choosing between the Convention and the UCCJEA
- Federal Abstention
- Stays and Appeals
- Mediation
- Attorney's Fees
- Litigating Hague Abductions in Other Countries
- 6.3. Using Criminal and Tort Law Remedies
- International Parental Kidnapping Crime Act
- Immigration Sanctions
- 6.4. Preventing Child Abduction
- Notes
- 7. Child Support
- 7.1. Working with State Child Support Enforcement Offices
- 7.2. Establishing Parentage and Child Support
- Defining Support Obligations
- Obtaining Jurisdiction under the Uniform Interstate Family Support Act (UIFSA)
- Extended Personal Jurisdiction
- Two-State Proceedings
- Direct Filing
- Simultaneous Proceedings
- Continuing Jurisdiction
- Special Procedures in International Parentage and Support Cases
- 7.3. Recognizing and Enforcing Child Support Orders
- Defining "Foreign Country" Support Orders
- Foreign Reciprocating Countries
- Countries with State-Level Reciprocal Arrangements
- Countries with Substantially Similar Procedures
- Convention Countries
- Registration and Enforcement
- Controlling Order
- Defending against Registration or Enforcement
- Recognizing Support Orders Based on Comity
- Other Family Support Obligations
- 7.4. Modifying Child Support Orders
- Determining Jurisdiction to Modify
- Modification Procedures
- 7.5. Establishing and Enforcing Child Support in Another Country
- 7.6. Working with the Maintenance Convention
- Administrative Cooperation
- Recognition and Enforcement under the Convention
- Support Modification under the Convention
- Handling Convention Cases in the United States
- Forms, Procedures, and Resources
- Notes
- 8. Adoption
- 8.1. Adopting in the United States
- Adoption Proceedings
- Determining Jurisdiction
- Recognizing Adoption Decrees
- Foreign Country Adoption Decrees
- Readoption in the United States
- Handling Postadoption Issues
- Citizenship of Adopted Children
- 8.2. Working with the Hague Adoption Convention
- Convention Procedures
- Exchange of Reports and Matching Process
- Hague Adoption within Families
- Formal Adoption and Transfer of Child
- Postadoption Responsibilities
- 8.3. Intercountry Adoption Procedures in the United States
- Adopting from Non-Convention Countries (Orphan Visa Process)
- Definition of "Orphan"
- Foreign Adoption Proceedings
- Orphan Visa Procedures
- Adopting from Hague Convention Countries
- Habitual Residence
- Accredited and Approved Agencies and Persons
- Hague Adoption Procedures
- Domestic Hague Adoptions
- Adopting under the Two-Year Rule
- Adoption Following Humanitarian Parole
- Handling Outgoing Intercountry Adoptions
- Agency Responsibilities in Outgoing Hague Cases
- Adoption or Custody Decree and Hague Certificate
- Non-Hague Outgoing Adoption Cases
- Notes
- 9. Protecting Child Welfare
- 9.1. Child Protection Proceedings
- Jurisdiction and Procedure
- Subject Matter Jurisdiction: UCCJEA
- Emergency Jurisdiction
- Personal Jurisdiction: Status Exception
- Providing Notice and a Hearing
- Involving Consular Officials: The Vienna Convention
- International Standards: The Child Protection Convention
- Working with Families
- Finding Alternative Care Placements
- Guardianship, Foster Care, Kafala
- Making Placements Abroad
- Judicial and Administrative Cooperation
- Foreign Child Welfare Proceedings
- 9.2. Terminating Parental Rights
- Constitutional Framework
- Grounds for Involuntary Termination
- Reasonable Efforts/Failure to Comply
- Abuse and Neglect
- Abandonment
- Parents' Immigration Status
- Cross-Border Recognition of Parental Rights Termination
- 9.3. Children's Immigration Issues
- Assisting Unaccompanied Children
- Special Immigrant Juvenile Status
- Obtaining Immigration Relief for Children
- T and U Nonimmigrant Visas
- Asylum and Temporary Protected Status
- Deferred Action for Childhood Arrivals (DACA)
- Notes
- Index
