The Claims Of Culture: The Occident And The Orient In Child Custody

Edwards, Susan (2014) The Claims Of Culture: The Occident And The Orient In Child Custody. Journal of Comparative Law, 9 (1). pp. 271-295. ISSN 1477-0814

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Abstract

This article considers the application and interpretation of the principle of the “welfare of the child” as it is imagined and mediated by competing claims of culture, parentage, and international human rights law in the context of child custody disputes arising from relocation and asylum applications, especially across the frontiers of West to East. Since the meaning of “welfare of the child” is indeterminate, it has been construed differently in time and place when considering claims within a jurisdiction and when considering inter-jurisdictional claims, leaving outcomes fluid and the future of children born to parents originating from different jurisdictions uncertain.

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