[PDF][PDF] Transnational families navigating the law: Marriage, divorce, and wellbeing

I Sportel, B de Hart, F Kulk - Wellbeing of Transnational Muslim …, 2019 - library.oapen.org
Wellbeing of Transnational Muslim Families, 2019library.oapen.org
In the rich and varied literature on transnational families, the role of the law in their everyday
lives generally escapes attention. Although transnational families are, in their everyday
activities and relationships, at least potentially influenced by multiple sets of laws and
institutions (Levitt and Glick Schiller, 2004) which may involve plural and fundamentally
different legal systems and normative orderings, we know relatively little about how
transnational families are confronted with the law, how they use the law, and how it impacts …
In the rich and varied literature on transnational families, the role of the law in their everyday lives generally escapes attention. Although transnational families are, in their everyday activities and relationships, at least potentially influenced by multiple sets of laws and institutions (Levitt and Glick Schiller, 2004) which may involve plural and fundamentally different legal systems and normative orderings, we know relatively little about how transnational families are confronted with the law, how they use the law, and how it impacts their everyday lives. This is remarkable, as many life events, such as marriage, divorce, or the birth of children, are not just intimate family matters, but also legal matters. For members of transnational families, this often means dealing with legal systems from multiple countries. In this chapter, we aim to contribute to the literature on transnational families by drawing attention to the role of law. We do this by shedding light on how transnational Dutch-Moroccan and Dutch-Egyptian families relate to multiple family law systems in cases of marriage and divorce. How do family members experience the legal regulation of intimate relationships? How do they navigate between two family law systems and with what results? We specifically examine how the process of navigating the law is related to their wellbeing. We start with a brief theoretical note on the relationship between law and wellbeing, followed by some background information on Dutch-Moroccan and Dutch-Egyptian transnational families, our research methods, and the interlocutors. Subsequently, we will go into more detail on three dimensions of wellbeing and the law for transnational families. Lastly, we will look at differences between the interlocutors in how they dealt with the law, particularly the resources needed for dealing with bureaucracy and inequalities in access.
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