subject: International Family Law In Contrast With United States Of America [print this page] As the name suggests, International Family Law is the part of judicial structure that deals with family related legal matters and other domestic affairs. Within its precincts it also includes any disputes related to marriage, divorce, child custody, property settlement, etc.
This law differs in almost every country to suit respective social and religious structure. United States of America, being a multiethnic society with variety of colored cultural canvas spread all over. In such social scenario, enforcement of uniform laws and regulations is a difficult and sensitive issue.
Many legal suits and disputes have always questioned the very properness of these laws. Family law that is appropriate in one situation may not be exact for another. The context and conditions of one case may not be useful for application to another.
Though judiciary takes care to frame laws that has universal application, often many disputes raise questions that are difficult to answer, or compel us to look out at laws of other lands for possible clues.
Main areas of dispute
1. Child custody: Child custody and parental rights has always been the main area of dispute in United States. Except US and Europe, where law allows joint custody of children in divorce, most of the countries give a single parent, often mothers, full custody. This has resulted in children of failed international marriage being taken to countries like Japan as it allows single parenting. Along with many other nations US was the signatory to the multinational Hague convention treaty that was oriented to reunite the families. But according to the Ministry of Justice, some foreign countries never return children to their rightful parents. US need to amend this aspect of family law, in particular.
2. Divorce: Though both, US and Europe have similar structure of laws related to divorce, US allows absolving oneself from financial and child bearing responsibilities after divorce. US do not have in place any child support payment collection like Europe where strict guidelines are drawn. There have been cases in which the marriage between the partners from originally different countries, break up in US. It has been very critical and at times difficult to bring such cases under one umbrella. Such problem does not bother the nations that have majority population belonging to one ethnic group.
3. Property settlement: People from all across the world have descended in US
in search of higher education, better job or more money. In order to realise their dreams in various fields, global citizens have made their home here. This often gives rise to property disputes that needs case to case study. In this perspective US laws have special needs to be catered in comparison to the international law.
Thus, in contrast to the International Family Law, US need to look out for special indicators before framing and applying any clauses.
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