A sham marriage or fake marriage is a marriage of convenience entered into purely for the purpose of gaining a benefit or other advantage arising from that status. While referred to as a "sham" or "fake" because of its motivation, the union itself is still valid if it conforms to the formal legal requirements for marriage in that country. Arranging or entering into such a marriage to deceive public officials is itself a separate violation of the law of some countries. In the United States, sham marriage for purposes of immigration fraud is a felony. After a period, a couple divorces if the marriage is no longer necessary or useful. Sham marriages are distinct from marriage fraud, a type of romance scam, in which one spouse is unwittingly taken advantage of by the foreign spouse who feigns romantic interest in order to obtain a residence permit or for money. Common reasons for sham marriages are to gain immigration, work or citizenship rights for one or both of the spouses, or for other benefits.
There have been cases of people entering into a sham marriage to avoid suspicion of homosexuality or bisexuality. For example, Hollywood studios had requested homosexual actors, such as Rock Hudson, to conceal their homosexuality in a so-called lavender marriage. Since the introduction of stricter modern immigration laws in First World countries, sham marriages have become a common method to allow a foreigner to reside, gain citizenship, in the more desirable country of the spouse; the couple marries with knowledge that the marriage is for the purpose of obtaining the favorable immigration status. This is arranged as a business transaction and occurs more with foreigners in the country. United States immigration law considers this to be fraudulent, imposing a penalty of a $250,000 fine and five-year prison sentence on the citizen, deportation of the foreigner, for such marriages not made in good faith; the INS and the Justice Department say that they do not have accurate numbers on the rate of attempted marriage fraud.
In the 2009 fiscal year, 506 of the 241,154 petitions filed were denied for suspected fraud, a rate of less than 0.09%. The UK Border Agency issued guidance to clergy in April 2011 to help prevent weddings for visas. English and Welsh clergy may perform a marriage, according to the law there, they have been advised not to offer to publish banns for any marriage which involves someone from outside Europe. Instead, the couple will be asked to apply for a license and if a member of the clergy is not satisfied that a marriage is genuine, they must make that clear to the person responsible for granting the licence. In Ireland in August 2010, it was claimed that sham marriages account for one in six marriages, residency status in the European Union and circumventing immigration rules. Definitions of sham marriage vary by jurisdiction, but are related to immigration. According to a 2013 Home Office document in the UK: "A sham marriage, or marriage of convenience, or a sham civil partnership describes a marriage or civil partnership entered into for immigration advantage by two people who are not a genuine couple.
A sham marriage or civil partnership is to be distinguished from a marriage or civil partnership entered into by a genuine couple where it may be convenient for immigration or other reasons for the couple to be married or civil partners."In Canada, legislation on sham marriages has been strengthened in 2012. Yet, there has been continuous controversy regarding the issue; the Canadian officials have been accused both of being too harsh and harassing couples and of being too lenient in deciding what is a genuine relationship. In addition, there have been objections to the policy from women's organizations who have argued that the new policy which requires the sponsor and the new spouse to live in a "genuine relationship" for two years endangers women who are victims of domestic violence. Although there is an exception to this rule in cases of abuse, the policy has been accused of being too weak. Arranged marriage Beard Green Card —in which a fake marriage is the main plot The Proposal —a romantic comedy set around what is a fake marriage Heqin Hollywood marriage—including marriages entered into and promoted for their publicity value Mail-order bride—often involving brides wishing to get immigration access to a mate's country Mariage blanc—a marriage without consummation Marriage of convenience—of which "sham" marriages are a subgroup See Oscar Alvarez vs.
Canadian Immigration U. S. Diplomatic Security Service —See Investigations Section—Passport and Visa fraud Void marriage—an attempted marriage which does not meet the legal requirements for a marriage Academic article on political discourse & policies on forced and fraudulent marriages in the Netherlands: Bonjour&De Hart 2013, "A proper wife, a proper marriage. Constructions of'us' and'them' in Dutch family migration policy", European Journal of Women's Studies Academic article providing two telling examples of the fear of and resort to sham marriage in eighteenth-century England. Castro Santana, A. "Sham Marriages and Proper Plots: Henry Fielding's Shamela and Joseph Andrews". English Studies 96: 636–653
Law is a system of rules that are created and enforced through social or governmental institutions to regulate behavior. It has been defined both as "the Science of Justice" and "the Art of Justice". Law is a system that regulates and ensures that individuals or a community adhere to the will of the state. State-enforced laws can be made by a collective legislature or by a single legislator, resulting in statutes, by the executive through decrees and regulations, or established by judges through precedent in common law jurisdictions. Private individuals can create binding contracts, including arbitration agreements that may elect to accept alternative arbitration to the normal court process; the formation of laws themselves may be influenced by a constitution, written or tacit, the rights encoded therein. The law shapes politics, economics and society in various ways and serves as a mediator of relations between people. A general distinction can be made between civil law jurisdictions, in which a legislature or other central body codifies and consolidates their laws, common law systems, where judge-made precedent is accepted as binding law.
Religious laws played a significant role in settling of secular matters, is still used in some religious communities. Islamic Sharia law is the world's most used religious law, is used as the primary legal system in some countries, such as Iran and Saudi Arabia; the adjudication of the law is divided into two main areas. Criminal law deals with conduct, considered harmful to social order and in which the guilty party may be imprisoned or fined. Civil law deals with the resolution of lawsuits between individuals and/or organizations. Law provides a source of scholarly inquiry into legal history, economic analysis and sociology. Law raises important and complex issues concerning equality and justice. Numerous definitions of law have been put forward over the centuries; the Third New International Dictionary from Merriam-Webster defines law as: "Law is a binding custom or practice of a community. The Dictionary of the History of Ideas published by Scribner's in 1973 defined the concept of law accordingly as: "A legal system is the most explicit, institutionalized, complex mode of regulating human conduct.
At the same time, it plays only one part in the congeries of rules which influence behavior, for social and moral rules of a less institutionalized kind are of great importance." There have been several attempts to produce "a universally acceptable definition of law". In 1972, one source indicated. McCoubrey and White said that the question "what is law?" has no simple answer. Glanville Williams said that the meaning of the word "law" depends on the context in which that word is used, he said that, for example, "early customary law" and "municipal law" were contexts where the word "law" had two different and irreconcilable meanings. Thurman Arnold said that it is obvious that it is impossible to define the word "law" and that it is equally obvious that the struggle to define that word should not be abandoned, it is possible to take the view that there is no need to define the word "law". The history of law links to the development of civilization. Ancient Egyptian law, dating as far back as 3000 BC, contained a civil code, broken into twelve books.
It was based on the concept of Ma'at, characterised by tradition, rhetorical speech, social equality and impartiality. By the 22nd century BC, the ancient Sumerian ruler Ur-Nammu had formulated the first law code, which consisted of casuistic statements. Around 1760 BC, King Hammurabi further developed Babylonian law, by codifying and inscribing it in stone. Hammurabi placed several copies of his law code throughout the kingdom of Babylon as stelae, for the entire public to see; the most intact copy of these stelae was discovered in the 19th century by British Assyriologists, has since been transliterated and translated into various languages, including English, Italian and French. The Old Testament dates back to 1280 BC and takes the form of moral imperatives as recommendations for a good society; the small Greek city-state, ancient Athens, from about the 8th century BC was the first society to be based on broad inclusion of its citizenry, excluding women and the slave class. However, Athens had no legal science or single word for "law", relying instead on the three-way distinction between divine law, human decree and custom.
Yet Ancient Greek law contained major constitutional innovations in the development of democracy. Roman law was influenced by Greek philosophy, but its detailed rules were developed by professional jurists and were sophisticated. Over the centuries between the rise and decline of the Roman Empire, law was adapted to cope with the changing social situations and underwent major codification under Theodosius II and Justinian I. Although codes were replaced by custom and case law during the Dark Ages, Roman law was rediscovered around the 11th century when medieval legal scholars began to research Roman codes and adapt their concepts. Latin legal maxims were compiled for guidance. In medieval England, royal
Divorce known as dissolution of marriage, is the process of terminating a marriage or marital union. Divorce entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state. Divorce laws vary around the world, but in most countries divorce requires the sanction of a court or other authority in a legal process, which may involve issues of distribution of property, child custody, child visitation / access, parenting time, child support, division of debt. In most countries, monogamy is required by law, so divorce allows each former partner to marry another person. Divorce is different from annulment, which declares the marriage null and void, with legal separation or de jure separation or with de facto separation. Reasons for divorce vary, from sexual incompatibility or lack of independence for one or both spouses to a personality clash; the only countries that do not allow divorce are the Philippines, the Vatican City and the British Crown Dependency of Sark.
In the Philippines, divorce for non-Muslim Filipinos is not legal unless the husband or wife is an alien and satisfies certain conditions. The Vatican City is an ecclesiastical state. Countries that have recently legalized divorce are Italy, Brazil, Argentina, Colombia, Ireland and Malta. Grounds for divorce vary from country to country. Marriage may be seen as a status, or a combination of these. Where it is seen as a contract, the refusal or inability of one spouse to perform the obligations stipulated in the contract may constitute a ground for divorce for the other spouse. In contrast, in some countries, divorce is purely no fault. Many jurisdictions offer both the option of a no fault divorce as well as an at fault divorce; this is the case, for example, in many US states. Though divorce laws vary between jurisdictions, there are two basic approaches to divorce: fault based and no-fault based; however in some jurisdictions that do not require a party to claim fault of their partner, a court may still take into account the behavior of the parties when dividing property, evaluating custody, shared care arrangements and support.
In some jurisdictions one spouse may be forced to pay the attorney's fees of another spouse. Laws vary as to the waiting period. Residency requirements vary. However, issues of division of property are determined by the law of the jurisdiction in which the property is located. In Europe, divorce laws differ from country to country, reflecting differing legal and cultural traditions. In some countries in some former communist countries, divorce can be obtained only on one single general ground of "irretrievable breakdown of the marriage". Yet, what constitutes such a "breakdown" of the marriage is interpreted differently from jurisdiction to jurisdiction, ranging from liberal interpretations to quite restrictive ones. Separation constitutes a ground of divorce in some European countries. Note that "separation" does not mean separate residences – in some jurisdictions, living in the same household but leading a separate life is sufficient to constitute de facto separation. Divorce laws are not static.
In the 21st century, many European countries have made changes to their divorce laws, in particular by reducing the length of the necessary periods of separation, e.g. Scotland in 2006; some countries have overhauled their divorce laws, such as Spain in 2005, Portugal in 2008. A new divorce law came into force in September 2007 in Belgium, creating a new system, no-fault. Bulgaria modified its divorce regulations in 2009. In Italy, new laws came into force in 2014 and 2015 with significant changes in Italian law in matter of divorce: apart from shortening of the period of obligatory separation, are allowed other forms of getting a divorce – as an alternative to court proceedings, i.e. the negotiations with the participation of an advocate or agreement made before the registrar of Public Registry Office. Austria, instead, is a European country; the liberalization of divorce laws is not without opposition in the United States. Indeed, in the US, certain conservative and religious organizations are lobbying for laws which restrict divorce.
In 2011, in the US, the Coalition for Divorce Refor
Legitimacy (family law)
Legitimacy, in traditional Western common law, is the status of a child born to parents who are married to each other, of a child conceived before the parents obtain a legal divorce. Conversely, illegitimacy has been the status of a child born outside marriage, such a child being known as a bastard, or love child, when such a distinction has been made from other children. In Scots law, the terminology of natural son or natural daughter has the same implications; the prefix "Fitz-" added to a surname sometimes denoted that the child's parents were not married at the time of birth. Depending on local legislation, legitimacy can affect a child's rights of inheritance to the putative father's estate and the child's right to bear the father's surname or hereditary title. Illegitimacy has had consequences for the mother's and child's right to support from the putative father; the importance of legitimacy has decreased in Western countries with the increasing economic independence of women, the sexual revolution of the 1960s and 1970s, the fall of totalitarian regimes, declining influence of Christian churches on family life.
Births outside marriage represent the majority in many countries in Western Europe and in former European colonies. In many Western-derived cultures, stigma based on parents' marital status, use of the word "bastard", are now considered offensive. England's Statute of Merton stated, regarding illegitimacy: "He is a bastard, born before the marriage of his parents." This definition applied to situations when a child's parents could not marry, as when one or both were married or when the relationship was incestuous. The Poor Law of 1576 formed the basis of English bastardy law, its purpose was to punish a bastard child's mother and putative father, to relieve the parish from the cost of supporting mother and child. "By an act of 1576, it was ordered that bastards should be supported by their putative fathers, though bastardy orders in the quarter sessions date from before this date. If the genitor could be found he was put under great pressure to accept responsibility and to maintain the child."Under English law, a bastard could not inherit real property and could not be legitimized by the subsequent marriage of father to mother.
There was one exception: when his father subsequently married his mother, an older illegitimate son took possession of his father's lands after his death, he would pass the land on to his own heirs on his death, as if his possession of the land had been retroactively converted into true ownership. A younger non-bastard brother would have no claim to the land. There were many "natural children" of Scotland's monarchy granted positions which founded prominent families. In the 14th century, Robert II of Scotland gifted one his illegitimate sons estates in Bute, founding the Stewarts of Bute, a natural son of Robert III of Scotland was ancestral to the Shaw Stewarts of Greenock. In Scots law an illegitimate child, a "natural son" or "natural daughter", would be legitimated by the subsequent marriage of his parents, provided they were free to marry at the date of the conception; the Legitimation Act 1968 extended legitimation by the subsequent marriage of the parents to children conceived when their parents were not free to marry, but this was repealed in 2006 by the amendment of section 1 of the Law Reform Act 1986 which abolished the status of illegitimacy stating that " No person whose status is governed by Scots law shall be illegitimate...".
The Legitimacy Act 1926 of England and Wales legitimized the birth of a child if the parents subsequently married each other, provided that they had not been married to someone else in the meantime. The Legitimacy Act 1959 extended the legitimization if the parents had married others in the meantime and applied it to putative marriages which the parents incorrectly believed were valid. Neither the 1926 nor 1959 Acts changed the laws of succession to the British throne and succession to peerage and baronetcy titles. In Scotland children legitimated by the subsequent marriage of their parents have always been entitled to succeed to peerages and baronetcies and The Legitimation Act 1968 extended this right to children conceived when their parents were not free to marry; the Family Law Reform Act 1969 allowed a bastard to inherit on the intestacy of his parents. In canon and in civil law, the offspring of putative marriages have been considered legitimate. Since 2003 in England and Wales, 2002 in Northern Ireland and 2006 in Scotland, an unmarried father has parental responsibility if he is listed on the birth certificate.
In the United States, in the early 1970s a series of Supreme Court decisions held that most common-law disabilities imposed upon illegitimacy were invalid as violations of the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. Still, children born out of wedlock may not be eligible for certain federal benefits unless the child has been legitimized in the appropriate jurisdiction. Many other countries have legislatively abolished any legal disabilities of a child born out of wedlock. In France, legal reforms regarding illegitimacy began in the 1970s, but it was only in the 21st century that the principle of equality was upheld. In 2001, France was forced by the European Court of Human Rights to change several laws that were deemed discriminato
International child abduction
The term international child abduction is synonymous with international parental kidnapping, child snatching, child stealing. However, the more precise legal usage of international child abduction originates in private international law and refers to the illegal removal of children from their home by an acquaintance or family member to a foreign country. In this context, "illegal" is taken to mean "in breach of custodial rights" and "home" is defined as the child's habitual residence; as implied by the "breach of custodial rights," the phenomenon of international child abduction involves an illegal removal that creates a jurisdictional conflict of laws whereby multiple authorities and jurisdictions could conceivably arrive at reasonable and conflicting custodial decisions with geographically limited application. Such a result strongly affects a child's access and connection to half their family and may cause the loss of their former language, culture and nationality, it violates numerous children's rights, can cause severe psychological and emotional trauma to the child and family left behind.
There is a common misconception that because the abductor in these cases is not a stranger the children are not in danger. The harmful consequences for children and families have been shown in several studies and child abduction has been characterized as a form of parental alienation and child abuse. Adding international dimensions to the detrimental effects of child abduction increases the detrimental effects on children and families; the modern day ease of international travel and corollary increase in international marriages is leading to a rapid rise in the number of international child abductions. International child abduction occurs when one parent unlawfully takes a minor child in a country other than the one the child has his/her habitual residence. If that country is a party to the Hague Convention on the Civil Aspects of International Child Abduction the child will be returned to the country of origin. What is today called "parental kidnapping," "international child abduction,", "parental child abduction" and "parental child trafficking" has existed as long as different legal jurisdictions and international borders have—though under different names.
None of these names achieved the modern day broad acceptance of terms like international child abduction. Lacking a common set of terminology or designed laws to address the, at the time, poorly defined problem, researchers on the history of cross-border child abduction must search for terms like "custodial interference," "contempt of child custody orders," "legal kidnapping" or, in cases where children were viewed more as property than as individual subjects of rights, name variations on theft, child-maintenance debt and smuggling, among others. Lawmakers struggled to typify and discuss international child abduction and discussions at the Hague Conference on Private International Law noted that, what some were referring to with variations on "legal kidnapping," was an oxymoron since that, legal cannot be kidnapping and that, kidnapping cannot be legal; the response to these concerns was the coining of the term "international child abduction." The terms first prominent use was in the title of the 1980 Hague Convention on the Civil Aspects of International Child Abduction.
The term is not, used anywhere in the actual text of the convention itself in preference of the more technical terms "wrongful removal" or "wrongful retention" which were better suited for describing the mechanics of the Convention's system. The use of the term is now widespread in international law. In all family law disputes a determination must be made as to which legal systems and laws should be applied to the dispute; this question becomes much more complicated when aspects, or parties, of the case occur in, or hail from, multiple legal jurisdictions. Today's international family law norms were influenced by the concepts of domicile and nationality. In Europe these ideas were refined during the nineteenth century by Italian politician, Pasquale Mancini, who believed matters of personal status were to be governed by the nationality of the person. During the same period in the US and Latin America the prevailing principle was that jurisdiction over personal matters was determined by domicile which, in the Americas, was acquired upon moving to a foreign jurisdiction if neither citizenship nor nationality were acquired.
Starting in the late eighteenth century until the early 1920s a number of efforts were made to develop a series of international treaties governing international conflicts of law in Europe. Treaties that favored nationality as the determining jurisdictional factor either never got of the ground, were not signed or had substantial practical problems with countries renouncing them after signing. At the same time the inter-American system in Latin America produced the Bustamante Code of 1928 and the Montevideo Conventions of 1939 and 1940. Of particular note in these Conventions was the introduction of a definition of "domicile" that started with a reference to the "habitual residence" for civil status. Lessons learned in prior efforts to create successful multilateral treaties culminated in a number of successful treaties in the mid-1900s, such as the 1961 Convention on the Protection of Minors, the New York Convention of 1956 on the Recovery Abroad of Maintenance drafted under the auspices of the United Nations, the Hague Convention of 1961 concerning the powers of authorities and the law applicable in respect of the protection of minors The 1961 Convention brought an innovation in terminology by creating a compr
Scots law is the legal system of Scotland. It is a hybrid or mixed legal system containing civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Irish law, it is one of the three legal systems of the United Kingdom. Early Scots law before the 12th century consisted of the different legal traditions of the various cultural groups who inhabited the country at the time, the Gaels in most of the country, with the Britons and Anglo-Saxons in some districts south of the Forth and with the Norse in the islands and north of the River Oykel; the introduction of feudalism from the 12th century and the expansion of the Kingdom of Scotland established the modern roots of Scots law, influenced by other Anglo-Norman and continental legal traditions. Although there was some indirect Roman law influence on Scots law, the direct influence of Roman law was slight up until around the 15th century. After this time, Roman law was adopted in argument in court, in an adapted form, where there was no native Scots rule to settle a dispute.
Scots law recognises four sources of law: legislation, legal precedent, specific academic writings, custom. Legislation affecting Scotland may be passed by the Scottish Parliament, the United Kingdom Parliament, the European Union; some legislation passed by the pre-1707 Parliament of Scotland is still valid. Since the Union with England Act 1707, Scotland has shared a legislature with Wales. Scotland retained a fundamentally different legal system from that south of the border, but the Union exerted English influence upon Scots law. Since the UK joined the European Union, Scots law has been affected by European law under the Treaties of the European Union, the requirements of the European Convention on Human Rights and the creation of the devolved Scottish Parliament which may pass legislation within all areas not reserved to Westminster, as detailed by the Scotland Act 1998; the United Kingdom, consists of three jurisdictions: England and Wales and Northern Ireland. There are important differences between Scots Law, English law and Northern Irish law in areas such as property law, criminal law, trust law, inheritance law, evidence law and family law while there are greater similarities in areas of national interest such as commercial law, consumer rights, employment law and health and safety regulations.
Examples of differences between the jurisdictions include the age of legal capacity, the fact that equity was never a distinct branch of Scots law. Some examples in criminal law include: The use of 15-member juries for criminal trials in Scotland who always decide by simple majority; the accused in a criminal trial does not have the right to elect between a jury trial. Judges and juries of criminal trials have the "third verdict" of "not proven" available to them. There are differences in the terminology used between the jurisdictions. For example, in Scotland there are no Magistrates' Courts or Crown Court, but there are Justice of the Peace Courts, Sheriff Courts and the College of Justice; the Procurator Fiscal Service provides the independent public prosecution service for Scotland like the Crown Prosecution Service in England and Wales and the Public Prosecution Service in Northern Ireland. Scots law can be traced to its early beginnings as a number of different custom systems among Scotland's early cultures to its modern role as one of the three legal jurisdictions of the United Kingdom.
The various historic sources of Scots law, including custom, feudal law, canon law, civilian ius commune and English law have created a hybrid or mixed legal system. The nature of Scots law before the 12th century is speculative, but is to have been a mixture of different legal traditions representing the different cultures inhabiting the land at the time, including Gaelic, Welsh and Anglo-Saxon customs. There is evidence to suggest that as late as the 17th century marriage laws in the Highlands and Islands still reflected Gaelic custom, contrary to Catholic religious principles; the formation of the Kingdom of Scotland and its subjugation of the surrounding cultures, completed by the Battle of Carham, established what are the boundaries of contemporary mainland Scotland. The Outer Hebrides were added after the Battle of Largs in 1263, the Northern Isles were acquired in 1469, completing what is today the legal jurisdiction of Scotland. From the 12th century feudalism was introduced to Scotland and established feudal land tenure over many parts of the south and east, which spread northward.
As feudalism began to develop in Scotland early court systems began to develop, including early forms of Sheriff Courts. Under Robert the Bruce the importance of the Parliament of Scotland grew as he called parliaments more and its composition shifted to include more representation from the burghs and lesser landowners. In 1399 a General Council established that the King should hold a parliament at least once a year for the next three years so "that his subjects are served by the law". In 1318 a parliament at Scone enacted a code of law that drew upon older practices, but it was dominated by current events and focused on military matters and the conduct of the war of Scottish Independence. From the 14th century we have surviving examples of early Scottish legal literature, such as the Regiam Majestatem and the Quoniam Attachiamenta (on procedure
Foster care is a system in which a minor has been placed into a ward, group home, or private home of a state-certified caregiver, referred to as a "foster parent" or with a family member approved by the state. The placement of the child is arranged through the government or a social service agency; the institution, group home or foster parent is compensated for expenses unless with a family member. The State, via the family court and child protective services agency, stand in loco parentis to the minor, making all legal decisions while the foster parent is responsible for the day-to-day care of the minor. A little more than a quarter of all foster children are placed in the care of relatives. Most kinship care is done informally, without the involvement of public organization. However, in the U. S. formal kinship care is common. In 2012, a quarter of all children in formal foster care were placed with relatives instead of being placed into the system. In Australia foster care was known as "boarding-out".
Foster care had its early stages in South Australia in 1866 and stretched to the second half of the 19th century. It is said that the system was run by women until the early 20th century; the control was centered in many state children's departments. "Although boarding-out was implemented by nongovernment child rescue organizations, many large institutions remained. These institutions assumed an increasing importance from the late 1920s when the system went into decline." The system was re-energized in the postwar era, in the 1970s. The system is still the main structure for "out-of-home care." The system took care of both foreign children. "The first adoption legislation was passed in Western Australia in 1896, but the remaining states did not act until the 1920s, introducing the beginnings of the closed adoption that reached it peak in the period 1940–1975. New baby adoption dropped from the mid-1970s, with the greater tolerance of and support for single mothers". Foster care in Cambodia is new as an official practice within the government.
However, despite a start, the practice is making great strides within the country. Left with a large number of official and unofficial orphanages from the 1990s, the Cambodian government conducted several research projects in 2006 and 2008, pointing to the overuse of orphanages as a solution for caring for vulnerable children within the country. Most notably, the studies found that the percentage of children within orphanages that had parents approached 80%. At the same time, local NGOs like Children In Families began offering limited foster care services within the country. In the subsequent years, the Cambodian government began implementing policies that required the closure of some orphanages and the implementation of minimum standards for residential care institutions; these actions lead to an increase in the number of NGOs providing foster care placements and helped to set the course for care reform around the country. As of 2015, the Cambodian government is working with UNICEF, USAID, several governments, many local NGOs in continuing to build the capacity for child protection and foster care within the Kingdom.
Foster children in Canada are known as permanent wards. A ward is someone, in this case a child, placed under protection of a legal guardian and are the legal responsibility of the government. Census data from 2011 counted children in foster care for the first time, counting 47,885 children in care; the majority of foster children – 29,590, or about 62 per cent – were aged 14 and under. The wards remain under the care of the government until they "age out of care." All ties are severed from the government and there is no longer any legal responsibility toward the youth. This age is different depending on the province. In December 2013, the Israeli Knesset approved a bill co-drafted by the Israel National Council for the Child to regulate the rights and obligations of participants in the foster care system in Israel. In Japan, foster care started around 1948; the idea of foster care or taking in abandoned children came about around 1392-1490s in Japan. The foster care system in Japan is similar to the Orphan Trains because Brace thought the children would be better off on farms.
The people in Japan thought the children would do better on farms rather than living in the "dusty city." The families would send their children to a farm family outside the village and only keep their oldest son. The farm families served as the foster parents and they were financially rewarded for taking in the younger siblings. "It was considered an honor to be chosen as foster parents, selection depended on the family's reputation and status within the village". Around 1895 the foster care program became more like the system used in the United States because the Tokyo Metropolitan Police sent children to a hospital where they would be "settled". Problems emerged in this system, such as child abuse, so the government started phasing it out and "began increasing institutional facilities". In 1948 the Child Welfare Law was passed, increasing official oversight, creating better conditions for the children to grow up in. In the United Kingdom, foster care and adoption has always been an option, "in the sense of taking other people's children into their homes and looking after them on a permanent or temporary basis."
Although, nothing about it had a legal foundation, until the 20th century. The UK had "wardship," the family taking in the child had custody by the Chancery Court. Wardship was not used often because it did not give the guardian "parental rights." In the 19th century