Book chapter
OA Policy
English

European family courts and intercountry (arbitration ?) : courts to deal with cross-border custody disputes

ContributorsRomano, Gian Paolo
Published inFogt, Morten M. (Ed.), Private International Law In An Era Of Change, p. 195-220
PublisherCheltenham ; Northampton : Edward Elgar
Collection
  • European Association of Private International Law series
Publication date2024-11
First online date2024-11-12
Abstract

This paper deals with a number of multinational cases where, after years of countless proceedings before the courts of the two States involved, the two States disagreed as to which parent should have custody over a child and where the child should live. Those conflicts between the two “homelands” of a child – “motherland” and “fatherland” – cause the conflicts between mother and father to drift off into anarchy. To the extent that multinational courts – in the EU, European Family Courts – including international arbitration courts, reflect the dual identity of those children, they promise to offer greater neutrality and legitimacy in the eyes of the individuals and the communities concerned. The availability of those multinational tribunals is likely to reduce international abductions, to curb incentives for law-of-the-jungle-like behaviors, to contribute to preventing disputes and their escalation, and to be consistent with children's interests to continue to have meaningful connections with both parents and both countries.

Citation (ISO format)
ROMANO, Gian Paolo. European family courts and intercountry (arbitration ?) : courts to deal with cross-border custody disputes. In: Private International Law In An Era Of Change. Fogt, Morten M. (Ed.). Cheltenham ; Northampton : Edward Elgar, 2024. p. 195–220. (European Association of Private International Law series) doi: 10.4337/9781035331802
Main files (1)
Book chapter (Published version)
accessLevelPublic
Identifiers
ISBN9781035331796
97views
7downloads

Technical informations

Creation02/12/2024 15:02:56
First validation12/12/2024 08:03:11
Update26/06/2026 06:32:55
Status update26/06/2026 06:32:55
Last indexation26/06/2026 06:32:56
All rights reserved by Archive ouverte UNIGE and the University of GenevaunigeBlack