Family Agreements Involving Children

Citation

Beaumont P & Rubaja N (2022) Family Agreements Involving Children. In: Beaumont P & Holliday J (eds.) A Guide to Global Private International Law. First ed. Hart Studies in Private International Law, Vol 32. Oxford: Hart Publishing, pp. 539-551. https://doi.org/10.5040/9781509932085.ch-038

Abstract
In the context of International Family Law, as well as at a domestic level, amicable solutions are widely commended since they let parties solve their own problems and organise their family life. In general, parties are more likely to comply with agreed solutions than those imposed by judicial or administrative authorities, and agreed solutions provide more stability and foreseeability.[1] Internationality creates challenges for enforcing agreed solutions. In the first place, different subject matters are involved, eg, arrangements about custody, contact, maintenance and payments for travel of the children between the holders of parental responsibility, in these family or ‘package’ agreements.[2] In the second place, the different legal systems that could be involved may offer different private international law rules on jurisdiction (including the extent of the parties’ autonomy), applicable law and recognition and enforcement.[3]

Keywords
private international law; family agreements; mediation; child abduction; relocation; parental responsibility