Cross-border family cases and religious diversity What can judges do?

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Author(s): 
Maarit Jänterä-Jareborg
Publication: 
Religare Working Paper No. 10 / January 2013
Abstract: 

This contribution focuses on challenges faced by European judges when examining family disputes in a multicultural context. Why are judges, generally, so uneasy when facing religiously or culturally motivated claims? Under what conditions can religious law be applied in cross-border family cases? What are the limits of Private International Law in this respect? Case law from primarily the Nordic jurisdictions is examined in order to illustrate the points made. Ultimately, the parties’ ability to formulate their claims in a legal language is essential for the outcome of a dispute. Where permitted by the rules of procedure of the competent court, the judge should strive to stimulate an active dialogue with the parties for the purpose of acquiring a better understanding of the issues at stake.

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Religare WP10 on Cross-border Family Cases.pdf439.67 KB