A Practical Guide to Exercising the Inherent Jurisdiction in Family Law Proceedings

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ISBN 13 : 9781916698208
Total Pages : 0 pages
Book Rating : 4.6/5 (982 download)

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Book Synopsis A Practical Guide to Exercising the Inherent Jurisdiction in Family Law Proceedings by : Mani Singh Basi

Download or read book A Practical Guide to Exercising the Inherent Jurisdiction in Family Law Proceedings written by Mani Singh Basi and published by . This book was released on 2023-11-15 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The inherent jurisdiction is a powerful tool to ensure that children subject to proceedings are properly protected, which can be achieved in many different ways. The inherent jurisdiction is often regarded as a complex area of family law due to the complexity of cases that enter its arena, ranging from child abduction disputes and determination of cross-border issues, wide-ranging injunctive powers, orders relating to medical treatment and complex disputes relating to public and private law proceedings. This book will provide practitioners working in family law with a toolkit as to how to embark upon proceedings relating to the inherent jurisdiction. There will be a focus on the types of orders that can be made under the inherent jurisdiction and consideration as to the purpose. The book will consider the inherent jurisdiction across a range of different practice areas within family law such as child abduction, private and public law disputes and other injunctive / protective orders that are designed to safeguard children. In particular, this book will consider in the context of the inherent jurisdiction: tracing/locating children and respondents, deprivation of liberty, forced marriage protection orders, female genital mutilation orders, inward and outward abduction, vaccinations, tipstaff orders, and disputes relating to medical treatment. This book will consider the limits to the inherent jurisdiction as well as how to best present cases, whether you are acting for an applicant, respondent, the subject children or any other interested party within proceedings. ABOUT THE AUTHOR Mani Singh Basi is a barrister at 4PB. He is a practitioner who has a specialist interest in cases with an international element. As such, he regularly appears in the High Court in cases relating to the inherent jurisdiction of the High Court such as child abduction. He was the winner of the Family Law Commentator of the Year Award at the LexisNexis 2022 Family Law Awards and previously published a book titled 'A practical guide to stranded spouses in family law'. In 2023, he was shortlisted for the International Lawyer of the Year award. CONTENTS Chapter One - An Introduction to the Inherent Jurisdiction Chapter Two - Procedure to Commence Proceedings Chapter Three - Orders Made Under the Inherent Jurisdiction Chapter Four - The Inherent Jurisdiction and Child Abduction Chapter Five - The Inherent Jurisdiction and Public Law Proceedings Chapter Six - The Inherent Jurisdiction and Injunctive Orders Chapter Seven - The Inherent Jurisdiction and Private Law Matters Chapter Eight - The Inherent Jurisdiction and Medical Treatment Chapter Nine - Concluding Thoughts

A Practical Guide to Family Proceedings: Blomfield and Brooks

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Publisher : Bloomsbury Publishing
ISBN 13 : 1526524325
Total Pages : 1340 pages
Book Rating : 4.5/5 (265 download)

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Book Synopsis A Practical Guide to Family Proceedings: Blomfield and Brooks by : District Judge Christopher Simmonds

Download or read book A Practical Guide to Family Proceedings: Blomfield and Brooks written by District Judge Christopher Simmonds and published by Bloomsbury Publishing. This book was released on 2022-10-04 with total page 1340 pages. Available in PDF, EPUB and Kindle. Book excerpt: This court practice guide enables you to avoid the most common pitfalls encountered across the spectrum of family proceedings, thereby speeding up litigation and avoiding unnecessary work and wasted costs orders. It covers every aspect of the court process across family proceedings, from divorce and financial remedies to private law and public law children, injunctions and committals and appeals. The guidance is set out with clear references to source materials and is supplemented by forms and other practical information. The work is a key staple widely referred to within the Family Court, Principal Registry of the Family Division, other district registries and county courts. The 7th edition includes the following: - Divorce reform - Changes to Committal proceedings - Domestic Abuse Act 2021 (inc PD 12J and Rule 3A) - Presumption of diminished evidence and vulnerability of witnesses (PD 3AA) - Jurisdiction issues - Parental alienation This title is included in Bloomsbury Professional's Family Law online service.

A Practical Guide to Family Proceedings

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ISBN 13 : 9781526524348
Total Pages : 0 pages
Book Rating : 4.5/5 (243 download)

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Book Synopsis A Practical Guide to Family Proceedings by : Helen Brooks

Download or read book A Practical Guide to Family Proceedings written by Helen Brooks and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Are you concerned about falling foul of the pitfalls across the spectrum of modern family proceedings? Established as a straightforward, easy-to-follow handbook of procedure, A Practical Guide to Family Proceedings: Blomfield and Brooks offers step-by-step guidance on the effective conduct of all the most common types of family law application. Fully revised and restructured in line with the changes resulting from the creation of the Family Court, the new Sixth Edition includes: -Coverage of the updated procedure for Presumption of Death applications - New chapters covering jurisdiction in children proceedings, public law for the private law practitioner, vulnerable witnesses and an introduction to appeals - Up to date with all recent amendments to the Family Procedure Rules Widely referred to within the Family Court, Principal Registry of the Family Division, other district registries and county courts, it is an essential reference work for family law practitioners whether as an aide-memoire for the hardpressed specialist or as an introduction for the less experienced"--

A Practical Guide to Family Proceedings

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Publisher : Jordan Publishing (GB)
ISBN 13 : 9780853086475
Total Pages : 257 pages
Book Rating : 4.0/5 (864 download)

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Book Synopsis A Practical Guide to Family Proceedings by : Robert Blomfield

Download or read book A Practical Guide to Family Proceedings written by Robert Blomfield and published by Jordan Publishing (GB). This book was released on 2000 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt:

A Practical Guide to 'Stranded Spouses' in Family Law

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Publisher :
ISBN 13 : 9781914608872
Total Pages : 0 pages
Book Rating : 4.6/5 (88 download)

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Book Synopsis A Practical Guide to 'Stranded Spouses' in Family Law by : Mani Singh Basi

Download or read book A Practical Guide to 'Stranded Spouses' in Family Law written by Mani Singh Basi and published by . This book was released on 2023-05-22 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The existence of 'stranded spouse' cases in family law has existed for many decades. The issues that emerge in stranded spouse cases are complex in nature but also emotive. In the family law context, stranded spouse cases can raise issues that practitioners and the courts of England and Wales have to grapple with in a sensitive and effective manner This is because ultimately, the court is concerned on the welfare of the subject children who may be caught up in a practice which is a form of domestic abuse and the welfare of the subject children is as a consequence, impacted upon. This book will provide practitioners a toolkit as to how the courts of England and Wales deal with the vast amount of issues that arise in stranded spouse cases. In particular, this book will outline the strategies practitioners can adopt when representing either parent or the subject children throughout each stage of proceedings. This book will illustrate the powers that can be utilised by virtue of the inherent jurisdiction. In particular, this book will consider the following practical considerations for practitioners: The definition of stranded spouses and the case law relating to this area of the law; The use of the inherent jurisdiction in stranded spouse cases; The use of wardship in stranded spouse cases; The powers and purpose of the High Court and orders that can be obtained such as Tipstaff orders, disclosure orders and return orders; How to effectively represent applicants, respondents and children in these types of proceedings; The format of court hearings and how to deal with certain issues within the court arena; and Representing vulnerable clients and participation of parties in stranded spouse cases. ABOUT THE AUTHOR Mani Singh Basi is a barrister at 4PB. He is a practitioner who has a specialist interest in cases with an international element. As such, he regularly appears in the High Court in cases relating to the inherent jurisdiction of the High Court such as child abduction cases and what can be regarded as 'stranded spouse' cases. He was the winner of the Family Law Commentator of the Year Award at the LexisNexis 2022 Family Law Awards. CONTENTS Chapter One - An Introduction to Stranded Spouse Cases Chapter Two - Defining Stranded Spouse Chapter Three - Stranded and Separated and the Inherent Jurisdiction of the High Court Chapter Four - Stranded and Separated From the Children Chapter Five - Stranded With the Subject Children Chapter Six - Being Stranded With the Perpetrator Chapter Seven - Participation of Parties in Stranded Spouse Cases Chapter Eight - Outcomes in Stranded Spouse Cases Chapter Nine - Conclusion

Lewis and Buchan: Clinical Negligence – A Practical Guide

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Publisher : Bloomsbury Publishing
ISBN 13 : 1526505347
Total Pages : 1124 pages
Book Rating : 4.5/5 (265 download)

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Book Synopsis Lewis and Buchan: Clinical Negligence – A Practical Guide by : Andrew Buchan

Download or read book Lewis and Buchan: Clinical Negligence – A Practical Guide written by Andrew Buchan and published by Bloomsbury Publishing. This book was released on 2019-10-25 with total page 1124 pages. Available in PDF, EPUB and Kindle. Book excerpt: Professional negligence cases are a minefield and clinical negligence cases are no exception. Providing invaluable advice from the leading experts in the field for each stage in a claim for clinical negligence. Full analysis of the relevant governing procedures and principles is provided, plus issues of funding and costs, including complaints procedures and procedures in the Court of Protection, as well as the interplay with human rights and the role of expert witnesses. The Eighth Edition ensures that practitioners maintain a progressive edge by providing useful precedents such as the latest model directions, instructions for experts and draft agendas for experts. It contains a new chapter on product liability and a separate Welsh chapter. It also includes coverage of the more than 250 reported cases concerning clinical negligence since the last edition. This includes: 2 in the Supreme Court 36 in the Court of Appeal - Civil Division 226 in the Queen's Bench Division 20+ in the county courts These cases cover a wide range of subjects from causation and breach of duty through to specifics relating to life expectancy and wrongful birth. An invaluable resource for all those involved in clinical negligence cases including personal injury and medical law solicitors, barristers and the judiciary. Medical doctors and legal advisors in NHS trusts will also find this a helpful guide. “This is a first class book, which provides a scholarly account of clinical negligence law”. Journal of Professional Negligence (Review of a previous edition)

Model Rules of Professional Conduct

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Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

A Practical Guide to Pre-Nuptial and Post-Nuptial Agreements

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ISBN 13 : 9781913715175
Total Pages : 168 pages
Book Rating : 4.7/5 (151 download)

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Book Synopsis A Practical Guide to Pre-Nuptial and Post-Nuptial Agreements by : Nicola Frost

Download or read book A Practical Guide to Pre-Nuptial and Post-Nuptial Agreements written by Nicola Frost and published by . This book was released on 2021-11-05 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: This concise, practical guide about nuptial agreements is intended to be the go-to text for financial remedy practitioners. It provides a clear explanation of the applicable legal principles involved in drafting and implementing the terms of pre-nuptial or post-nuptial agreements (and their civil partnership equivalents) and provides insightful tips on avoiding common pitfalls. It will also be an essential reference for those faced with an agreement that one party seeks to depart from, with straightforward and practical considerations for clients on both sides. Recent case law and procedural developments are carefully analysed, making this an authoritative and user-friendly reference book.

Impediments to Exercising Jurisdiction Over International Crimes

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Publisher : T.M.C. Asser Press
ISBN 13 :
Total Pages : 448 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Impediments to Exercising Jurisdiction Over International Crimes by : Yasmin Naqvi

Download or read book Impediments to Exercising Jurisdiction Over International Crimes written by Yasmin Naqvi and published by T.M.C. Asser Press. This book was released on 2010-01-28 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book challenges the growing assumptions about the exercise of jurisdiction over international crimes – that legal impediments are invalid in the face of the imperative to prosecute crimes of this gravity. Six principal impediments to the exercise of jurisdiction over international crimes are individually and comparatively analysed from the perspective of their historical origins, the policy contexts justifying them, and the legal arguments used by courts and commentators to either uphold the barrier to prosecution or to reject its application so that prosecution remains unhindered. These six impediments are: (1) Amnesties; (2) Pardons; Statutes of Limitation; (4) Immunities; (5) Ne bis in Idem (double jeopardy); and (6) Abuse of process. The author proposes that an approach based upon an ‘interests analysis’, derived from policy oriented approaches to international law, provides a reasonable, coherent, and transparent means for courts to resolve the question of jurisdiction when faced with competing rules or principles such as those forming the basis of the research. Each chapter contains a theoretical evaluation of one of the mentioned impediments, as well as a comprehensive and up to date discussion of relevant case-law from both world-wide domestic and international jurisdictions. This volume builds upon Yasmin Naqvi’s expertise as a scholar and a lawyer working for the Chambers of the International Criminal Tribunal for the former Yugoslavia. She has also held positions at the International Committee of the Red Cross, the Graduate Institute of International and Development Studies in Geneva, and as a legal consultant on transitional justice and special procedures at the United Nations Office of the High Commissioner for Human Rights.

Forensic Accounting for Divorce Engagements

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Publisher : American Institute of Certified Public Accountants (AICPA)
ISBN 13 : 9780870517945
Total Pages : 212 pages
Book Rating : 4.5/5 (179 download)

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Book Synopsis Forensic Accounting for Divorce Engagements by : Ezra Huber

Download or read book Forensic Accounting for Divorce Engagements written by Ezra Huber and published by American Institute of Certified Public Accountants (AICPA). This book was released on 2009 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Transparency in the Family Courts: Publicity and Privacy in Practice

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Publisher : Bloomsbury Publishing
ISBN 13 : 1526503867
Total Pages : 334 pages
Book Rating : 4.5/5 (265 download)

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Book Synopsis Transparency in the Family Courts: Publicity and Privacy in Practice by : Julie Doughty

Download or read book Transparency in the Family Courts: Publicity and Privacy in Practice written by Julie Doughty and published by Bloomsbury Publishing. This book was released on 2018-05-04 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are you concerned about promoting transparency whilst protecting the privacy of vulnerable clients? With a foreword by Sir Andrew McFarlane, the incoming President of the Family Division, and an author team from The Transparency Project, Transparency in the Family Courts: Publicity and Privacy in Practice clarifies what transparency means in practice for professionals and families involved in the family courts, and provides guidance on privacy in family law cases and their reporting in the media. This new title provides full coverage of the implications of the 2014 Guidance on publication of judgments and looks at: Section 12 of the Administration of Justice Act 1960 Section 97 of the Children Act 1989 ECHR Articles 8 and 10 Rules and Practice Directions covering all family proceedings Appendices include key legislation and case studies and the topic will be kept up-to-date on the Bloomsbury Family Law online service. This new title is essential reading for family law practitioners in private practice, local authorities and other public bodies, as well as media lawyers, journalists and social workers. Julie Doughty is a Lecturer in Law in the School of Law and Politics at Cardiff University Lucy Reed is a Barrister at St John's Chambers Paul Magrath is a Barrister with the Incorporated Council of Law Reporting for England and Wales

The Solicitors' Journal

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Publisher :
ISBN 13 :
Total Pages : 956 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Solicitors' Journal by :

Download or read book The Solicitors' Journal written by and published by . This book was released on 2001 with total page 956 pages. Available in PDF, EPUB and Kindle. Book excerpt:

A Practical Guide to the Indian Child Welfare Act

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Publisher :
ISBN 13 :
Total Pages : 372 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis A Practical Guide to the Indian Child Welfare Act by : Native American Rights Fund

Download or read book A Practical Guide to the Indian Child Welfare Act written by Native American Rights Fund and published by . This book was released on 2007 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Bulletin of the Atomic Scientists

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Publisher :
ISBN 13 :
Total Pages : 64 pages
Book Rating : 4./5 ( download)

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Book Synopsis Bulletin of the Atomic Scientists by :

Download or read book Bulletin of the Atomic Scientists written by and published by . This book was released on 1955-04 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Bulletin of the Atomic Scientists is the premier public resource on scientific and technological developments that impact global security. Founded by Manhattan Project Scientists, the Bulletin's iconic "Doomsday Clock" stimulates solutions for a safer world.

A Practical Guide to Health and Medical Cases in Immigration Law

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Publisher :
ISBN 13 : 9781913715519
Total Pages : 102 pages
Book Rating : 4.7/5 (155 download)

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Book Synopsis A Practical Guide to Health and Medical Cases in Immigration Law by : Rebecca Chapman

Download or read book A Practical Guide to Health and Medical Cases in Immigration Law written by Rebecca Chapman and published by . This book was released on 2021-03-22 with total page 102 pages. Available in PDF, EPUB and Kindle. Book excerpt: Health and medical cases are widely recognised by immigration practitioners as some of the most challenging in this area of law. This guide will assist practitioners in all areas of healthcare claims, including mental health and fitness to fly issues. The first guide of its type, this book analyses the latest caselaw, considers arguments that can be brought on medical grounds and provides guidance on issues which arise in practice. ABOUT THE AUTHORS Rebecca Chapman is a barrister at Garden Court Chambers where she practises in all aspects of immigration, asylum and administrative law. She has particular expertise in cases involving vulnerable women and children, political asylum claims and cases brought on medical and health grounds. Rebecca represents clients at all levels from First-tier Tribunal to Grand Chamber of the European Court of Human Rights.​She was appointed a Deputy Judge of the Upper Tribunal (Immigration & Asylum Chamber) in 2015. Miranda Butler is a barrister at Garden Court Chambers. She has substantial experience across the spectrum of immigration, asylum, and public law. Her expertise includes claims relating to unlawful detention, prisoners' rights, trafficking, and community care. Having previously worked as a judicial assistant in the Supreme Court and European Court of Human Rights, Miranda currently teaches medical law at LSE alongside her practice. CONTENTS Chapter 1. Introduction Chapter 2. Development of Article 3 Healthcare Cases Chapter 3. The Principles Established by AM (Zimbabwe) Chapter 4. Arguments in Support of an Article 3 Healthcare Claim Chapter 5. Claims Based on the Risk of Suicide Chapter 6. Article 8 Healthcare Claims Chapter 7. Healthcare Claims and the Refugee Convention Chapter 8. Fitness to Fly Challenges Chapter 9. Healthcare Claims Under EU Law Chapter 10. Convention on the Rights of Persons With Disabilities and Its Application in Domestic Courts

A Practical Guide to Advocacy in Family Proceedings

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Publisher :
ISBN 13 : 9781913715793
Total Pages : 154 pages
Book Rating : 4.7/5 (157 download)

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Book Synopsis A Practical Guide to Advocacy in Family Proceedings by : Stuart Barlow

Download or read book A Practical Guide to Advocacy in Family Proceedings written by Stuart Barlow and published by . This book was released on 2021-05-28 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt: Advocacy in the family court has a style of its own. Yet there is little training or instruction for the lawyer who has a heart to practise in this area. This handbook provides assistance for the newcomer to the Family Law court room. It puts together in one place useful information needed to conduct advocacy in the main areas of family law including divorce, financial applications, private and public children, injunctions and cohabitation claims. This handbook provides assistance for the newcomer to the Family Law Court Room as well as a resource for more experienced practitioners. Subjects covered include: Getting started as a Family Advocate Types of Court applications and hearings Pre-proceedings Preparation for Court hearings The Court hearing itself Fact Finding hearings Experts Cafcass and Local Authority Reports Court Bundles Litigants in Person & McKenzie Friends Position Statements & Skeleton Arguments Drafting Court Orders Appeals Enforcement of Court Orders ABOUT THE AUTHOR Stuart Barlow is a Solicitor who has practised Family Law for over 40 years. He conducts most of his own advocacy. Stuart is a member of the Law Society Children Panel, a former Chief Assessor of the Law Society Family Law Accreditation Scheme and adjudicator for the Legal Aid Agency. He presents training courses for family lawyers throughout England and Wales and is the author of three other published Law books.

A Family Resource Guide on International Parental Kidnapping

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Publisher : Createspace Independent Publishing Platform
ISBN 13 : 9781530973637
Total Pages : 0 pages
Book Rating : 4.9/5 (736 download)

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Book Synopsis A Family Resource Guide on International Parental Kidnapping by : U. . S. U .S. Department of Justice

Download or read book A Family Resource Guide on International Parental Kidnapping written by U. . S. U .S. Department of Justice and published by Createspace Independent Publishing Platform. This book was released on 2016-04-10 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every year, hundreds of children in the United States are victims of international parental kidnapping- a child's wrongful removal from the United States, or wrongful retention in another country, by a parent or other family member. Parents and other family members left behind may be overwhelmed by feelings of loss, anguish, despair, and anger-as well as confusion and uncertainty about what can be done in response.In December 1999, the Office of Juvenile Justice and Delinquency Prevention invited a small group of left-behind and searching parents to participate in a planning and development meeting. Each one had experienced first hand the heartbreak of having a child abducted to another country or wrongfully retained abroad. Some of them had recovered their children, while others had not. They willingly shared their knowledge of international parental kidnapping-gained at tremendous personal cost- to help other parents of abducted children understand what can be done to: * Prevent an international parental kidnapping.* Stop a kidnapping in progress.* Locate a kidnapped or wrongfully retained child in another country.* Bring an abductor to justice.* Recover a kidnapped or wrongfully retained child from another country.* Reestablish access to a child in another country.This guide imparts the group's practical wisdom and the hope that other parents will not have to experience the confusion and discouragement these parents did when it was not clear what to do or whom to turn to when their children were kidnapped. The group offered its suggestions for preventing international kidnapping and gave detailed advice to maximize the chance that children who are kidnapped or wrongfully retained will be returned to this country.The guide provides descriptions and realistic assessments of the civil and criminal remedies available in international parental kidnapping cases. It explains applicable laws and identifies both the public and private resources that may be called on when an international abduction occurs or is threatened. It gives practical advice on overcoming frequently encountered obstacles so that parents can get the help they need. The guide prepares parents for the legal and emotional difficulties they may experience and shares coping and general legal strategies to help them achieve their individual goals, whether they involve recovering a child or reestablishing meaningful access to a child in another country.Despite the difficulties that may lie ahead and the disappointment some parents may experience, it is important not to become discouraged. Stay hopeful. Many things can be done to prevent or to resolve an international parental kidnapping. This guide will help you organize your response