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Child Abduction Within The European Union
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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.
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 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 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 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
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 The Right to Family Life in the European Union by : Maribel González Pascual
Download or read book The Right to Family Life in the European Union written by Maribel González Pascual and published by Routledge. This book was released on 2016-12-19 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring the main developments and challenges for the right to family life in the context of European integration, this book examines the right to family life in the EU Charter of Fundamental Rights and the interplay between family life, citizenship, and free movement; it analyzes the combined impact of the EU and the European Convention on Human Rights on the concept of the family protected by the law in light of recent case law. Considering the broadening understanding of what constitutes family, the challenges for the right to family life in the context of immigration, and the protection of families and social rights it provides a comprehensive overview of the current state of family life in the European Union.
Book Synopsis Free Movement of Civil Judgments in the European Union and the Right to a Fair Trial by : Monique Hazelhorst
Download or read book Free Movement of Civil Judgments in the European Union and the Right to a Fair Trial written by Monique Hazelhorst and published by Springer. This book was released on 2017-02-27 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the attainment of complete free movement of civil judgments across EU member states from the perspective of its conformity with the fundamental right to a fair trial. In the integrated legal order of the European Union, it is essential that litigants can rely on a judgment no matter where in the EU it was delivered. Effective mechanisms for cross-border recognition and the enforcement of judgments provide both debtors and creditors with the security that their rights, including their right to a fair trial, will be protected. In recent years the attainment of complete free movement of civil judgments, through simplification or abolition of these mechanisms, has become a priority for the European legislator. The text uniquely combines a thorough discussion of EU legislation with an in-depth and critical examination of its interplay with fundamental rights. It contains an over-view and comparison of both ECtHR and CJEU case law on the right to a fair trial, and provides a great number of specific recommendations for current and future legislation. With its critical discussion of EU Regulations from both a practical and a theoretical standpoint, this book is particularly relevant to legislators and policymakers working in this field. Because of the extensive overview of the functioning of the EU’s mechanisms and of relevant case law it provides, the book is also highly relevant to academics and practitioners. Monique Hazelhorst is Judicial Assistant at the Supreme Court of the Netherlands. She studied Law and Legal Research at Utrecht University and holds a Ph.D. in Law from the Erasmus School of Law at Erasmus University Rotterdam.
Book Synopsis Jurisdiction, Recognition and Enforcement in Matrimonial and Parental Responsibility Matters by : Cristina González Beilfuss
Download or read book Jurisdiction, Recognition and Enforcement in Matrimonial and Parental Responsibility Matters written by Cristina González Beilfuss and published by Edward Elgar Publishing. This book was released on 2023-07-01 with total page 813 pages. Available in PDF, EPUB and Kindle. Book excerpt: This authoritative Commentary on the recast Regulation 2019/1111 on matters of matrimonial and parental responsibility presents a deep analysis of the Regulation and is authored by leading experts in family law and private international law. Employing a granular, article-by-article approach, the Commentary acts as a detailed reference point on the uniform jurisdiction rules for divorce, legal separation and marriage annulment, as well as for disputes over parental responsibility with an international element, including child abduction.
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.
Book Synopsis Parental Child Abduction to Islamic Law Countries by : Nazia Yaqub
Download or read book Parental Child Abduction to Islamic Law Countries written by Nazia Yaqub and published by Bloomsbury Publishing. This book was released on 2022-10-20 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the world becomes smaller, family law is becoming truly global, giving rise to more and more questions for private international law. This book looks at the sensitive and complex question of child abduction, with a unique children's right perspective. Taking Islamic law as its case study, it delves into child abduction in key jurisdictions from Iran to Saudi Arabia and Libya to Pakistan. Rigorous doctrinal analysis is enhanced by empirical insights, namely interviews with abductees, parents and professionals. It is an excellent guide to a complicated field.
Book Synopsis The Hague Abduction Convention by : Jeremy D. Morley
Download or read book The Hague Abduction Convention written by Jeremy D. Morley and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Handling Hague abduction cases is challenging and fulfilling. Although Hague cases are tried very quickly, they still require an intimate knowledge of the Convention and of the voluminous case law that has developed around it. Hague cases also require a complete understanding of international child custody law in general and in particular, for U.S. practitioners, of the relationship between The Hague Convention and the Uniform Child Custody Jurisdiction & Enforcement Act. The Convention operates in the U.S. in ways that differ from those in other Hague countries. This is because of the federal legislation that implements the treaty, the concurrence of federal and state jurisdiction, the lack of a specialized group of judges who handle cases under the Convention, the uniform state legislation on child custody jurisdiction, and a host of other factors. When children are the subject of international family law disputes, the challenges are often great and emotions generally run high. Simply put, money can be divided but children cannot. This book is a must-have resource of any family law practitioner that wants to represent the best interests of his client and their heirs involved in a Hague case.
Book Synopsis Gender and Migration in 21st Century Europe by : Samantha Currie
Download or read book Gender and Migration in 21st Century Europe written by Samantha Currie and published by Routledge. This book was released on 2016-04-15 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing interdisciplinary and empirically grounded insights into the issues surrounding gender and migration into and within Europe, this work presents a comprehensive and critical overview of the historical, legal, policy and cultural framework underpinning different types of European migration. Analysing the impact of migration on women's careers, the impact of migration on family life and gender perspectives on forced migration, the authors also examine the consequences of EU enlargement for women's migration opportunities and practices, as well as the impact of new regulatory mechanisms at EU level in addressing issues of forced migration and cross-national family breakdown. Recent interdisciplinary research also offers a new insight into the issue of skilled migration and the gendering of previously male-dominated sectors of the labour market.
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.
Author :U. . S. U .S. Department of Justice Publisher :Createspace Independent Publishing Platform ISBN 13 :9781530973637 Total Pages :0 pages Book Rating :4.9/5 (736 download)
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
Book Synopsis The EU as a Children’s Rights Actor by : Ingi Iusmen
Download or read book The EU as a Children’s Rights Actor written by Ingi Iusmen and published by Verlag Barbara Budrich. This book was released on 2015-11-16 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection critiques, from an interdisciplinary perspective, the growing body of EU children’s rights activities in the light of broader political, economic and legal processes. Specifically, it interrogates whether EU intervention effectively responds to what are perceived as violations of children’s rights and the extent to which EU efforts to uphold children’s rights complement and reinforce parallel national and international pursuits. Moreover, it scrutinises the compatibility of EU children’s rights measures with the principles and provisions enshrined in the UN Convention on the Rights of the Child (CRC).
Book Synopsis The Recovery of Maintenance in the EU and Worldwide by : Paul Beaumont
Download or read book The Recovery of Maintenance in the EU and Worldwide written by Paul Beaumont and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book grew out of a major European Union (EU) funded project on the Hague Maintenance Convention of 2007 and on the EU Maintenance Regulation of 2009. The project involved carrying out analytical research on the implementation into national law of the EU Regulation and empirical research on the first year of its operation in practice. The project also engaged international experts in a major conference on recovery of maintenance in the EU and worldwide in Heidelberg in March 2013. The contributions in this book are the revised, refereed and edited versions of the best papers that were given at the conference. The book is divided into four parts: (i) comparative context (ii) international, looking at national and non-European regional practice and how the Hague Convention could change things; (iii) international and the EU, looking at issues covered by both the Hague Convention and the EU Regulation; and (iv) the EU - looking at the Maintenance Regulation. This is the first study to look carefully at both of the new cross-border maintenance regimes globally and in Europe and to begin the examination of the practical operation of the latter regime. The approval of the Hague Convention by the EU on 9 April 2014 is a major step forward for its practical significance in enabling the recovery of child and spousal support, as from 1 August 2014 all of the 28 EU Member States apart from Denmark will be bound by the Convention.
