The best interests of the child in “mixed” couples’ divorce in Belgium and the Netherlands
Studies on the marital break-up of “mixed couples” in which partners have different nationalities and/or ethnicities pay little attention to how individual partners, notably the one with a migration background, experience the law and institutions concerning their children. Drawing on ethnographic ob...
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| Format: | Article |
| Language: | English |
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Oñati International Institute for the Sociology of Law
2021-08-01
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| Series: | Oñati Socio-Legal Series |
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| Online Access: | https://opo.iisj.net/index.php/osls/article/view/1200 |
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| author | Asuncion Fresnoza-Flot |
| author_facet | Asuncion Fresnoza-Flot |
| author_sort | Asuncion Fresnoza-Flot |
| collection | DOAJ |
| description | Studies on the marital break-up of “mixed couples” in which partners have different nationalities and/or ethnicities pay little attention to how individual partners, notably the one with a migration background, experience the law and institutions concerning their children. Drawing on ethnographic observations and interviews with Filipino women in Belgium and the Netherlands, this paper investigates these migrants’ socio-legal experiences to shed light on their children’s situation during the divorce process. Paying attention to the principle of the “best interests of the child”, data analyses reveal that the children of women experiencing problematic divorce and/or domestic violence have more direct encounters with laws and/or institutions than those whose parents separated on good terms. Likewise, young people whose parent(s) resort to socio-legal assistance in their country of residence are more exposed to the legal aspects of divorce. This case study underlines the intersubjective dimension of divorce and suggests that state policies do shape individual lives. |
| format | Article |
| id | doaj-art-8a561ce928d2496795e1442e8f1a92c0 |
| institution | Kabale University |
| issn | 2079-5971 |
| language | English |
| publishDate | 2021-08-01 |
| publisher | Oñati International Institute for the Sociology of Law |
| record_format | Article |
| series | Oñati Socio-Legal Series |
| spelling | doaj-art-8a561ce928d2496795e1442e8f1a92c02024-11-25T15:00:46ZengOñati International Institute for the Sociology of LawOñati Socio-Legal Series2079-59712021-08-01114990101110.35295/osls.iisl/0000-0000-0000-11801100The best interests of the child in “mixed” couples’ divorce in Belgium and the NetherlandsAsuncion Fresnoza-Flot0Université Libre de BruxellesStudies on the marital break-up of “mixed couples” in which partners have different nationalities and/or ethnicities pay little attention to how individual partners, notably the one with a migration background, experience the law and institutions concerning their children. Drawing on ethnographic observations and interviews with Filipino women in Belgium and the Netherlands, this paper investigates these migrants’ socio-legal experiences to shed light on their children’s situation during the divorce process. Paying attention to the principle of the “best interests of the child”, data analyses reveal that the children of women experiencing problematic divorce and/or domestic violence have more direct encounters with laws and/or institutions than those whose parents separated on good terms. Likewise, young people whose parent(s) resort to socio-legal assistance in their country of residence are more exposed to the legal aspects of divorce. This case study underlines the intersubjective dimension of divorce and suggests that state policies do shape individual lives.https://opo.iisj.net/index.php/osls/article/view/1200socio-legal encountersdivorcebest interests of the childmixed couplesfilipino migrant womenbelgiumthe netherlands |
| spellingShingle | Asuncion Fresnoza-Flot The best interests of the child in “mixed” couples’ divorce in Belgium and the Netherlands Oñati Socio-Legal Series socio-legal encounters divorce best interests of the child mixed couples filipino migrant women belgium the netherlands |
| title | The best interests of the child in “mixed” couples’ divorce in Belgium and the Netherlands |
| title_full | The best interests of the child in “mixed” couples’ divorce in Belgium and the Netherlands |
| title_fullStr | The best interests of the child in “mixed” couples’ divorce in Belgium and the Netherlands |
| title_full_unstemmed | The best interests of the child in “mixed” couples’ divorce in Belgium and the Netherlands |
| title_short | The best interests of the child in “mixed” couples’ divorce in Belgium and the Netherlands |
| title_sort | best interests of the child in mixed couples divorce in belgium and the netherlands |
| topic | socio-legal encounters divorce best interests of the child mixed couples filipino migrant women belgium the netherlands |
| url | https://opo.iisj.net/index.php/osls/article/view/1200 |
| work_keys_str_mv | AT asuncionfresnozaflot thebestinterestsofthechildinmixedcouplesdivorceinbelgiumandthenetherlands AT asuncionfresnozaflot bestinterestsofthechildinmixedcouplesdivorceinbelgiumandthenetherlands |