International family justice as collaborative justice

Abstract

Globalization has fueled the rise of international family disputes, which raise difficult legal issues that cannot be addressed by any court or jurisdiction working alone. These challenges require a considered and coherent response on the international front, supported by the willingness of individual family judges to communicate and cooperate to identify and implement practical solutions. To meet these new challenges, this paper proposes a vision of international family justice as collaborative justice. There are three aspects or phases to the proposed endeavor: (a) the articulation of common aspirations and values; (b) continuing cooperation and communication between family courts and institutions; and (c) convergence in the substantive norms and practice of international family law.