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Child Abduction Within The European Union
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Book Synopsis International Child Abduction by : Thalia Kruger
Download or read book International Child Abduction written by Thalia Kruger and published by Bloomsbury Publishing. This book was released on 2011-08-03 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: International child abduction occurs when one parent wrongfully (ie in breach of the parental responsibility of the other parent) takes a child to a country other than that of the child's habitual residence, or wrongfully keeps a child in such country. The author of this work was part of a research team that conducted a study, partially funded by the European Commission, to examine this problem in Belgium and Hungary, analysing cases from 2007 and 2008 and interviewing affected parents. This book is a revised version of the Belgian research report, which sets the problem of child abduction within its international context. It looks at the families in which abductions took place, how preparations were made for abduction, the quest for the return of the child (including legal proceedings) and the aftermath of the abductions. Throughout the book, the results of the quantitative and qualitative data are explained. What emerges is that when a child is abducted, the solutions offered by the law are often inadequate. Family conflict is a complex societal issue, and child abduction is a severe form of family conflict. Rather than responding to child abduction with strict and contentious legal proceedings, the book argues that solutions based on respect, psychological assistance, and a search for consensus should be favoured.
Book Synopsis Child Abduction within the European Union by : Katarina Trimmings
Download or read book Child Abduction within the European Union written by Katarina Trimmings and published by Bloomsbury Publishing. This book was released on 2013-03-20 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first part of the book critically evaluates the evolution of the separate intra-EU child abduction regime and examines the extent to which the European Union complied with its standards of good legislative drafting during the negotiations on the Brussels II bis Regulation. It seeks to demonstrate that there was no real legal need for the involvement of the European Union in the area of child abduction and for the tightening of the 1980 Hague Abduction Convention return mechanism. The second part of the book presents findings of a statistical survey into the operation of child abduction provisions of the Brussels II bis Regulation in the first year of the functioning of the instrument and reveals how effectively the intra-EU return mechanism operated in that year. Based on the findings of the statistical survey, the book identifies and discusses a number of points of concern in respect of the functioning of the new child abduction scheme. Finally, the book investigates whether the Brussels II bis Regulation has added any value in the area of child abduction. This title is included in Bloomsbury Professional's Family Law online service.
Book Synopsis Cross-border Parental Child Abduction in the European Union by : Lukas Heckendorn Urscheler
Download or read book Cross-border Parental Child Abduction in the European Union written by Lukas Heckendorn Urscheler and published by . This book was released on 2015 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Cross-border Parental Child Abduction in the European Union by :
Download or read book Cross-border Parental Child Abduction in the European Union written by and published by . This book was released on 2015 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: Upon request by the European Parliament's Committee on Civil Liberties, Justice and Home Affairs (LIBE), this study aims at analysing the international, European and national legal framework applicable to cross-border parental child abduction, with a view to proposing recommendations for the improvement of the current system. In light of available statistics and case law, five recurrent scenarios giving rise to child abduction legal disputes have been identified. One common scenario is the wrongful removal of a child, which results in the reversal of the balance previously settled in a judicial decision for the exercise of parental rights. A judicial "fast track" through the "automatic" enforcement of foreign decisions on return prescribed by EU Regulation 2201/2003 can be said to have improved the regime of the existing Hague Convention on Child Abduction. In turn, case law shows that when child abduction takes the form of an "illegal transfer of a child{OCLCbr#D0}’s primary residence abroad" by the primary care-giver, national courts tend to explore more in-depth the "best interests of the child". The development of appropriate structures of mediation in order to organise the transfer of a child{OCLCbr#D0}’s residence abroad with one of the parents should prevent "abductions" and improve, in most cases, the relationship between the parents having joint responsibility for the child. In addition to a preventive mediation scheme, a remedial mediation scheme is proposed. If, despite the preventive and remedial mediation schemes, a request return is brought to court in complex situations, it is important to avoid contradictory decisions by the EU judges in the jurisdiction of the present and the former place of residence of the child and to allow careful analysis of the overall situation of the child. To this end, a "joint-decision" reached through the active cooperation of specialised national courts within the EU is proposed. This involves special judicial training - with language and intercultural skills - for international family disputes.
Download or read book Hungary in written by Tamas Dezso Ziegler and published by . This book was released on 2016 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: Upon request by the European Parliament's Committee on Civil Liberties, Justice and Home Affairs (LIBE), this study aims at analysing the international, European and national legal framework applicable to cross-border parental child abduction, with a view to proposing recommendations for the improvement of the current system. In light of available statistics and case law, five recurrent scenarios giving rise to child abduction legal disputes have been identified. One common scenario is the wrongful removal of a child, which results in the reversal of the balance previously settled in a judicial decision for the exercise of parental rights. A judicial “fast track” through the “automatic” enforcement of foreign decisions on return prescribed by EU Regulation 2201/2003 can be said to have improved the regime of the existing Hague Convention on Child Abduction. In turn, case law shows that when child abduction takes the form of an “illegal transfer of a child's primary residence abroad” by the primary care-giver, national courts tend to explore more in-depth the “best interests of the child”. The development of appropriate structures of mediation in order to organise the transfer of a child's residence abroad with one of the parents should prevent “abductions” and improve, in most cases, the relationship between the parents having joint responsibility for the child. In addition to a preventive mediation scheme, a remedial mediation scheme is proposed. If, despite the preventive and remedial mediation schemes, a request return is brought to court in complex situations, it is important to avoid contradictory decisions by the EU judges in the jurisdiction of the present and the former place of residence of the child and to allow careful analysis of the overall situation of the child. To this end, a “joint decision” reached through the active cooperation of specialised national courts within the EU is proposed. This involves special judicial training - with language and intercultural skills - for international family disputes.
Book Synopsis Cross-Border Family Mediation by : Christoph C. Paul
Download or read book Cross-Border Family Mediation written by Christoph C. Paul and published by Wolfgang Metzner Verlag. This book was released on 2023-10-17 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: Die 3. aktualisierte und erweiterte Auflage dieses Werks ist eine unverzichtbare Lektüre für erfahrene Familienmediatoren und alle anderen Fachleute, die mit grenzüberschreitenden Familienkonflikten und Kindesentführungsfällen zu tun haben. Eine Vielzahl von Beiträgen führender internationaler Expertinnen und Experten auf diesem Gebiet machen das Buch zu einer unschätzbaren Quelle, die unter anderem Folgendes bietet: Überblick über den einschlägigen internationalen Rechtsrahmen für solche Fälle Anleitung zu den besonderen Merkmalen grenzüberschreitender Familiensachen sowie den eingesetzten Methoden, Mediationsmodellen und Instrumenten Informationen zur Koordinierung der Mediation mit Gerichtsverfahren in Kindesentführungsfällen Leitlinien für die grenzüberschreitende Vollstreckbarkeit von im Mediationsverfahren geschlossenen Familienvereinbarungen Ansätze und bewährte Praktiken für die Mediation in Fällen mit (muslimischen) Ländern, die nicht dem Haager Übereinkommen angehören Informationen zur Einbeziehung der Stimme des Kindes in die Mediation, Online-Mediation, Zweisprachigkeit in der grenzüberschreitenden Mediation praktische Informationen und Ressourcen wie z.B. Fallstudien, Muster für Mediationsvereinbarungen und Gerichtsbeschlüsse, eine Vorlage für eine Gerichtsstandsvereinbarung, Checklisten, Links wichtiger Ansprechpartner und Texte der anwendbaren internationalen Rechtsinstrumente The 3rd updated and expanded edition of this reference book is indispensable reading for experienced family mediators and all other professionals involved in cross-border family conflicts and child abduction cases. A diverse range of contributions from leading international experts in the field make this an invaluable resource covering: an overview of the relevant international legal framework for such cases insight into the specific characteristics of cross-border family cases, the methodologies, mediation models and tools employed information on coordinating mediation with court proceedings in child abduction cases guidance on the cross-border enforceability of mediated family agreements family law trends and mediation in cases with non-Hague Convention (Muslim) countries the voice of the child, mediating online, bilingualism in mediation practical information and resources, such as case studies, sample mediation agreements and court orders, a template of a choice of court agreement, checklists, important contacts and applicable legal texts
Book Synopsis Research Handbook on International Child Abduction by : Marilyn Freeman
Download or read book Research Handbook on International Child Abduction written by Marilyn Freeman and published by Edward Elgar Publishing. This book was released on 2023-06-01 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis International Child Abductions by : American Bar Association. Section of Family Law
Download or read book International Child Abductions written by American Bar Association. Section of Family Law and published by . This book was released on 1993 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Hague Convention on International Child Abduction by : Law Library Law Library of Congress
Download or read book Hague Convention on International Child Abduction written by Law Library Law Library of Congress and published by . This book was released on 2016-06-18 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: Of the seventy-nine jurisdictions (not including the United States) that are a party to the Hague Convention No. 28 as of May 4, 2004, the United States recognizes fifty-nine jurisdictions as a party; this series of comparative analyses includes reports on forty-nine of those fifty-nine jurisdictions. It also provides a detailed introduction, a discussion of the implications of relevant European Union regulation, analyses on two additional jurisdictions (Belarus and Georgia) not recognized as a party by the United States, a chart that provides the dates for entry into force for the eighty parties, a detailed bibliography, and the text of the Convention.The remaining ten jurisdictions recognized by the United States as a party that are not addressed in this report were omitted, because the Law Library did not have either the expertise on staff or the collections available to prepare a report, or because the party has done very little or nothing to implement the Hague Convention No. 28. Appendix A identifies those parties to the Hague Convention No. 28 that are not covered by this report. It is also important to note that the enclosed report on Denmark was not updated from our previous report of August 2000 because we no longer have a Nordic law specialist on staff.Finally, most reports contain Uniform Resource Locator (URL) references and citations to websites that are not part of the loc.gov domain. These URLs are provided to cite authority to the source of information that we have relied upon to prepare the report and as a convenience for the reader; however, some of these online references may link to subscription services not generally available to the public or may not be maintained by the originators.
Book Synopsis Domestic Violence Parental Child Abduc by : Dutta TRIMMINGS
Download or read book Domestic Violence Parental Child Abduc written by Dutta TRIMMINGS and published by . This book was released on 2022-07-29 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the issue of mothers who, fleeing from domestic violence, take their children with them and thus become liable for international child abduction. It examines how protection measures can help the abducting mother in this context, with a special focus on the utility of Regulation 606/2013 on mutual recognition of protection measures in civil matters and Directive 2011/99/EU on the European Protection Order, which allow cross-border circulation of protection measures.
Book Synopsis Missing and Sexually Exploited Children in the Enlarged EU by : Gert Vermeulen
Download or read book Missing and Sexually Exploited Children in the Enlarged EU written by Gert Vermeulen and published by Maklu. This book was released on 2005 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book comprises country reports of the 10 new EU Member States. Each country report provides essential definitional information regarding the various forms of sexual exploitation of children and types of missing children, outlines the way data collection on sexual exploited and missing children by various governmental (police, judicial, other) and nongovernmental actors is organised, and delivers available data on the phenomena concerned. A final, comparative report bridges the country report information into a first epidemiological state of the art for the 10 new Member States and for the entire enlarged EU, comparing the newly gathered information with information collected in the initial 15 Member States during a previous study, the report of which has been published in January 2004 as the first book in the Childoscope series.
Book Synopsis Children and the European Union by : Helen Stalford
Download or read book Children and the European Union written by Helen Stalford and published by Bloomsbury Publishing. This book was released on 2012-08-14 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines in detail the status of children in the EU. Drawing on a range of disciplinary perspectives, including the sociology of childhood and human rights discourse, it offers a critical analysis of the legal and policy framework underpinning EU children's rights across a range of areas, including family law, education, immigration and child protection. Traditionally children's rights at this level have been articulated primarily in the context of the free movement of persons provisions, inevitably restricting entitlement to migrant children of EU nationality. In the past decade, however, innovative interpretations of EU law by the Court of Justice, coupled with important constitutional developments, have prompted the development of a much more robust children's rights agenda. This culminated in the incorporation of a more explicit reference to children's rights in the Lisbon Treaty, followed by the Commission's launch, in February 2011, of a dedicated EU 'Agenda' to promote and safeguard the rights of the child. The analysis presented in this book therefore comes at a pivotal point in the history of EU children's rights, providing a detailed and critical overview of a range of substantive areas, and making an important contribution to international children's rights studies.
Book Synopsis A Practical Guide to International Parental Child Abduction Law (England and Wales) by : Onyója Momoh
Download or read book A Practical Guide to International Parental Child Abduction Law (England and Wales) written by Onyója Momoh and published by . This book was released on 2023-08-31 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: International parental child abduction is the wrongful removal or retention of a child across national borders, without the consent of those with parental responsibility or court permission. It is generally contrary to the welfare of a child to be uprooted in such a manner, and thus it is in the interest of that child to be returned to the country of his or her habitual residence so that issues relating to custody or access can be resolved there. A Practical Guide to International Parental Child Abduction Law (England and Wales) provides a grounding on the law and practice in return proceedings, encompassing interactions between Hague Contracting States (including member States of the European Union) and non-Convention jurisdictions. Notwithstanding the UK's exit from the EU and the end of an era for EU instruments such as the Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000 (now repealed by the 2019 Regulation), in this jurisdiction, the UK remains a part of an international framework of treaty obligations independent of EU Laws. Pursuant to the Child Abduction and Custody Act 1985, the 1980 Hague Convention on the Civil Aspects of International Child Abduction is the legal framework for addressing 'Convention' parental child abduction cases, and along with a number of domestic laws, the aim is to protect children from the harmful effects of child abduction across frontiers. It is hoped that the book will guide readers through key topics such as jurisdiction, procedure, applicable law, and enforcement, looking at these through the distinguishing lens of Convention versus non-Convention cases. The book will also explore salient issues around the voice of the child, objections to return, protective measures, other remedies available under the 1980 Hague convention, and mediation. ABOUT THE AUTHOR Dr Onyója Momoh is a recognised expert in the field of international family law, specialising in cross-border children proceedings. She was called to the Bar in 2010 (Gray's Inn) and is consistently ranked as a leading barrister in the Legal 500 UK for children law since 2017. Onyója undertook her LLM, Ph.D., and post-doctoral research (EU-funded POAM project) all in the area of international parental child abduction and the protection of children across international frontiers. Alongside practice, she teaches private international law (family law) at the University of Aberdeen and has published book chapters, peer-reviewed journal articles, prepared country and expert reports, as well as delivered training and lectures around the world. In recent years, Onyója has engaged in high level advisory and advocacy activities within Government ministries (with a particular interest in Nigeria, and sub-Saharan Africa), the judiciary, and charities abroad, as well as an invited expert presenting at forums such as the Hague Conference on Private International Law, the European Commission and the UK House of Lords Justice and Home Affairs Committee. CONTENTS Chapter One - Introduction Chapter Two - Child Abductions to and from England and Wales Chapter Three - The Operation of the 1980 Hague Convention Chapter Four - Preliminary Points under Article 3 Chapter Five - Pleading an Exception to Return Chapter Six - The Inherent Jurisdiction of the High Court Chapter Seven - Alternative Dispute Resolution Chapter Eight - Trans-frontier Contact Chapter Nine - Some Current Issues Chapter Ten - Concluding Remarks
Author :United States. Congress. House. Committee on Foreign Affairs. Subcommittee on International Operations Publisher : ISBN 13 : Total Pages :128 pages Book Rating :4.3/5 (121 download)
Book Synopsis International Child Abduction by : United States. Congress. House. Committee on Foreign Affairs. Subcommittee on International Operations
Download or read book International Child Abduction written by United States. Congress. House. Committee on Foreign Affairs. Subcommittee on International Operations and published by . This book was released on 1990 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: Abstract: This hearing reports on the issue of international child abduction and the U.S. response. Testimony is given by several parents who had their children abducted and removed to another country. The difficulties of attempting to legally repair custody and the work of the international community in this area (e.g. The Hague Convention on the Civil Aspects of International Child Abduction) are discussed.
Download or read book Kidnapped written by Paula S. Fass and published by Oxford University Press, USA. This book was released on 1997 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: A look at the history of child kidnappings and abductions in the United States, the motives of the perpetrators, the activities of the media, and the results in the law and in public opinions.
Book Synopsis Missing and Sexually Exploited Children in the EU by : Gert Vermeulen
Download or read book Missing and Sexually Exploited Children in the EU written by Gert Vermeulen and published by Maklu Pub. This book was released on 2004 with total page 564 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first part of the project resulted in a book entitled Missing and sexually exploited children in the EU. Epidemiological data. The book stresses the importance of EU-wide multidisciplinary and integrated efforts (between competent authorities and civil society organisations) in collecting epidemiological data as a basis for improved, knowledge-based policy-making in the area of missing and sexually exploited minors. It comprises country reports of all 15 EU Member States. Each country report provides essential definitional information regarding the various forms of sexual exploitation of children and types of missing children, outlines the way data collection on sexual exploited and missing children by various governmental (police, judicial, other) and non-governmental actors is organised, and deliver available data on the phenomena concerned. A final, comparative report bridges the country report information into a first Union-wide epidemiological state of the art, thus showing that current data collection is organised in a very chaotic and poor fashion. At the same time, the report identifies the main weaknesses and shortcomings of applied data collection methods. It also offers a set of recommendations for both Member State and EU action in striving for improved and integrated ways of collecting, administering and centralising reliable, comparable and comprehensive data on the various forms of missing and sexually exploited children.
Book Synopsis The New Brussels II Regulation by : Nigel V. Lowe
Download or read book The New Brussels II Regulation written by Nigel V. Lowe and published by Jordans Pub. This book was released on 2005 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt: The new Brussels II Regulation applies to persons who are either nationals, habitually resident, or domiciled in a member state of the European Community. It deals with issues concerning jurisdiction and recognition in respect of dissolution of marriage and parental responsibility. In relation to decisions regarding parental responsibility, the new regulation is much wider in scope than its predecessor, since it extends to measures for the protection of all children and is not limited to consideration of their interests in the context of matrimonial proceedings. This supplement to International Movement of Children: Law, Practice, and Procedure, the established authoritative text in the area, provides a comprehensive guide to the complexities of the new Brussels II Regulation, including detailed examination of jurisdictional matters, enforcement of access rights, and the revised rules governing international child abduction. The Appendices contain all relevant source material including the full text of the new Regulation.
