Author: Morano-Foadi, Sonia

Source: International Journal of Law, Policy and the Family, Volume 21, Number 1, 6 April 2007 , pp. 1-20(20)

Publisher: Oxford University Press

Abstract:

This article, based on a small empirical study, addresses some of the problems and challenges in carrying out research with bi-national families on the move within the European Union (EU). In general, there is paucity of research on bi-national families and particularly in relation to the impact of divorce and separation on migrant families. After introducing the research project and the context in which it is based, the article addresses the main legal and sociological issues affecting bi-national migrant families split across frontiers. The analysis then turns to describe problems encountered by a group of EU migrant couples with children who experienced some form of family breakdown. A small set of scenarios is constructed in an attempt to offer a classification of issues affecting these bi-national families. A first level of investigation deals with family breakdown disputes which are essentially internal with no, or a limited, cross-national dimension, ie the foreign element does not play a relevant role in the settlement of such controversies. A second level includes a number of disputes which demands a cross-national angle of analysis, ie the foreign element needs to be taken into consideration in dealing with family disputes across frontiers. Real experiences drawn from the empirical work enrich the analysis and offer some insight into the complex area of family migration.

Document Type: Research article

DOI: http://dx.doi.org/10.1093/lawfam/ebl019

Publication date: 2007-04-06

More about this publication?

• The subject matter of the International Journal of Law, Policy and the Family comprises the following: analyses of the law relating to the family which carry an interest beyond the jurisdiction dealt with, or which are of a comparative nature; theoretical analyses of family law; sociological literature concerning the family which is of special interest to law and legal policy; social policy literature of special interest to law and the family; literature in related disciplines (such as medicine, psychology, demography) which is of special relevance to law and the family; research findings in the above areas; reviews of books and relevant reports. The journal has a flexible policy as to length of contributions, so that substantial research reports can be included.

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