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Links Between International Child Abduction and Relocation

Links Between International Child Abduction and Relocation
Author: Pearl Deidre Andrews
Publisher:
Total Pages: 190
Release: 2012
Genre: Abduction
ISBN:

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This thesis aims to look specifically at relocation disputes within the context of international parental child abduction; more specifically, it sets out to explore whether there is a link between those phenomena, and whether the Hague Convention is sufficient for dealing with relocation disputes. I hope to make a convincing argument that if there were an international instrument regulating relocation, there would be uniformity and consistency. People's confidence in the legal processes would be restored, motivating them to apply formally to relocate and, in doing so, the incidence of child abductions would be reduced.


The Hague Child Abduction Convention

The Hague Child Abduction Convention
Author: Rhona Schuz
Publisher: A&C Black
Total Pages: 613
Release: 2014-07-18
Genre: Law
ISBN: 1782253092

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International child abduction is one of the most emotionally charged and fascinating areas of family law practice. The 1980 Hague Convention on the Civil Aspects of International Child Abduction was the response of the international community to the increase in the phenomenon of parental child abduction. However, behind the widely acclaimed success of this Convention - which has now been ratified by more than 90 states - lie personal tragedies, academic controversy and diplomatic tensions. The continuing steady flow of case-law from the various Member States has resulted in the emergence of different approaches to the interpretation of key concepts in the Convention. In addition, over the years other global and regional legal instruments and the recommendations of the Special Commissions have had an impact on the implementation of the Convention. This book brings together all these strands and provides an up-to-date, clear and highly readable discussion of the international operation of the Abduction Convention together with in-depth critical academic analysis in light of the objectives of the Convention and other relevant legal norms, such as the 1989 UN Convention on the Rights of the Child. Throughout the book, examples are brought from case law in many jurisdictions and reference is made to relevant legal and social science literature and empirical research. Over the past decade, increasing focus has been placed on what might be seen as procedural issues, such as separate representation for children, undertakings, judicial liaison and mediation. The book analyses the significance of these developments and the extent to which they can help resolve the continuing tension between some of the objectives of the Convention and the interests of individual children. This book will be essential reading for judges, practitioners, researchers, students, policy-makers and others who are seeking a critical and informed analysis of the latest developments in international abduction law and practice. From the Foreword by Brenda Hale, Justice of the Supreme Court of the United Kingdom 'This book is, as far as I am aware, the first scholarly monograph to study the interpretation and application of the Convention across the whole legal space which it occupies and to critically assess these in light of the object and purposes of the Convention and other relevant legal norms. Cases are drawn from many jurisdictions to discuss how different countries interpret the Convention and links are made with relevant statistical, social and psychological research in a thoughtful discussion of the significance of such material both to judicial decision-making and to policy development...a study which deserves to be read by anyone with an interest in the modern phenomenon of international child abduction, whether judge, practitioner, policy-maker, parent, researcher or scholar. There is plenty for us all to think about.'


Research Handbook on International Family Law

Research Handbook on International Family Law
Author: Janeen M. Carruthers
Publisher: Edward Elgar Publishing
Total Pages: 415
Release: 2024-06-05
Genre: Law
ISBN: 1802207422

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The Research Handbook on International Family Law brings together a carefully selected array of experts to address legal topics pertaining to family relationships in a cross-border context, and international family law disputes. It shows how this independent field of study has developed, and continues to develop, and adeptly surveys the practice and regulation of international family law.


The Hague Abduction Convention

The Hague Abduction Convention
Author: Jeremy D. Morley
Publisher: Section of Family Law
Total Pages: 535
Release: 2022-05-02
Genre: Law
ISBN: 9781641058513

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"The purpose of this book is to explain to family lawyers how the Hague Convention on the Civil Aspects of International Child Abduction works in the United States"--


Research Handbook on International Child Abduction

Research Handbook on International Child Abduction
Author: Marilyn Freeman
Publisher: Edward Elgar Publishing
Total Pages: 487
Release: 2023-06-01
Genre: Law
ISBN: 1800372515

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With a focus on the 1980 Hague Convention, this cutting-edge Research Handbook provides a holistic overview of the law on international child abduction from prevention, through voluntary agreements and Convention proceedings, to post-return and aftercare issues.


International Child Abductions

International Child Abductions
Author: American Bar Association. Section of Family Law
Publisher:
Total Pages: 220
Release: 1993
Genre: True Crime
ISBN:

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The Hague Child Abduction Convention

The Hague Child Abduction Convention
Author: Rhona Schuz
Publisher: A&C Black
Total Pages: 530
Release: 2014-07-04
Genre: Law
ISBN: 1782253084

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International child abduction is one of the most emotionally charged and fascinating areas of family law practice. The 1980 Hague Convention on the Civil Aspects of International Child Abduction was the response of the international community to the increase in the phenomenon of parental child abduction. However, behind the widely acclaimed success of this Convention - which has now been ratified by more than 90 states - lie personal tragedies, academic controversy and diplomatic tensions. The continuing steady flow of case-law from the various Member States has resulted in the emergence of different approaches to the interpretation of key concepts in the Convention. In addition, over the years other global and regional legal instruments and the recommendations of the Special Commissions have had an impact on the implementation of the Convention. This book brings together all these strands and provides an up-to-date, clear and highly readable discussion of the international operation of the Abduction Convention together with in-depth critical academic analysis in light of the objectives of the Convention and other relevant legal norms, such as the 1989 UN Convention on the Rights of the Child. Throughout the book, examples are brought from case law in many jurisdictions and reference is made to relevant legal and social science literature and empirical research. Over the past decade, increasing focus has been placed on what might be seen as procedural issues, such as separate representation for children, undertakings, judicial liaison and mediation. The book analyses the significance of these developments and the extent to which they can help resolve the continuing tension between some of the objectives of the Convention and the interests of individual children. This book will be essential reading for judges, practitioners, researchers, students, policy-makers and others who are seeking a critical and informed analysis of the latest developments in international abduction law and practice. From the Foreword by Brenda Hale, Justice of the Supreme Court of the United Kingdom 'This book is, as far as I am aware, the first scholarly monograph to study the interpretation and application of the Convention across the whole legal space which it occupies and to critically assess these in light of the object and purposes of the Convention and other relevant legal norms. Cases are drawn from many jurisdictions to discuss how different countries interpret the Convention and links are made with relevant statistical, social and psychological research in a thoughtful discussion of the significance of such material both to judicial decision-making and to policy development...a study which deserves to be read by anyone with an interest in the modern phenomenon of international child abduction, whether judge, practitioner, policy-maker, parent, researcher or scholar. There is plenty for us all to think about.'


International Relocation of Children

International Relocation of Children
Author: Anna Worwood
Publisher:
Total Pages: 354
Release: 2016
Genre: Children of divorced parents
ISBN: 9780414055438

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1KBW on International Child Abduction

1KBW on International Child Abduction
Author: Richard Harrison KC
Publisher: Bloomsbury Publishing
Total Pages: 579
Release: 2020-09-26
Genre: Law
ISBN: 1526512831

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1KBW on International Child Abduction is a guide to the practice and procedure in international child abduction proceedings, in particular applications under the 1980 Hague Convention. It provides guidance as to the law of England and Wales and relevant international law in child abduction cases, as well as the procedures for making applications in the High Court and for pursuing appeals in the Court of Appeal and the Supreme Court. It condenses a large body of case law and international instruments into a digestible format, so that practitioners have all the tools needed for day-to-day practice in one place. 1KBW on International Child Abduction provides: - Flow charts to explain key legal principles and procedural steps, as well as diagrams which summarise important cases - A dedicated section on the 1980 Hague Convention, with individual chapters devoted to key principles such as rights of custody, habitual residence and the relevant 'defences' to applications for a summary return order - Chapters pertaining to the 1996 Hague Convention and applications under the inherent jurisdiction - Practical guidance about the procedure for making applications in the High Court, such as: how to make urgent without notice applications; the criteria for obtaining different types of Tipstaff orders; and when to seek specific orders for disclosure to assist in tracing a child - A summary of Covid-19 guidance Legislation and guidance covered includes: - 1980 Hague Convention - 1996 Hague Convention - Child Abduction and Custody Act 1985 - Family Law Act 1986 - President's Practice Guidance: Case Management and Mediation of International Child Abduction Proceedings 1KBW on International Child Abduction is aimed primarily at practitioners who already specialise, or are looking to specialise, in international child abduction. It can also be used as a reference tool by all family practitioners and those who have an interest in the subject.


International Child Abduction

International Child Abduction
Author: United States. Congress. House. Committee on International Relations
Publisher:
Total Pages: 352
Release: 2000
Genre: Law
ISBN:

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