Dealing with War-induced Migration: Family Law Aspects

Iryna Dikovska

Chapter 5 in Private International Law and Global Crises, 2026, pp 79-110 from Edward Elgar Publishing

Abstract: War-induced migration has specific features that should be taken into account when creating and applying legal rules determining international jurisdiction and the applicable law in family matters. From the many topics that one might discuss in this context, the following chapter addresses two. The first concerns the classification of war-migrant children as unaccompanied, a result that often occurs when migration law rather than private international law designates the law determining questions of parental responsibility. In this regard, the chapter compares how EU and national migration law as well as the 1996 Hague Convention determine the law applicable to parental responsibility. It is the conclusion of the author that the choice of law rules of the 1996 Hague Convention are more appropriate than the choice of law rules found in the migration law of the EU and some Member States, as the application of the former leads to more predictable results, particularly in situations related to parental responsibility for war migrants. The second topic concerns the determination of jurisdiction in divorce cases involving war migrants who are in the EU but who have neither nationality nor habitual residence in any of the Member States. The chapter explains why in some cases the provisions of the Brussels IIter Regulation will not allow a determination of international jurisdiction in divorce cases involving war migrants. A solution to this problem is suggested.

Keywords: Unaccompanied children; Parental responsibility; Divorce; Applicable law; Jurisdiction; Brussels IIter-Regulation; Hague Child Protection Convention (search for similar items in EconPapers)
Date: 2026
ISBN: 9781035360192
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