The Hague Abduction Convention

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Publisher :
ISBN 13 : 9781634255691
Total Pages : 0 pages
Book Rating : 4.2/5 (556 download)

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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.

The Hague Child Abduction Convention

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Publisher : A&C Black
ISBN 13 : 1782253092
Total Pages : 613 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis The Hague Child Abduction Convention by : Rhona Schuz

Download or read book The Hague Child Abduction Convention written by Rhona Schuz and published by A&C Black. This book was released on 2014-07-18 with total page 613 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.'

The Hague Convention on International Child Abduction

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Publisher : Oxford University Press on Demand
ISBN 13 : 9780198260646
Total Pages : 332 pages
Book Rating : 4.2/5 (66 download)

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Book Synopsis The Hague Convention on International Child Abduction by : P. R. Beaumont

Download or read book The Hague Convention on International Child Abduction written by P. R. Beaumont and published by Oxford University Press on Demand. This book was released on 1999 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Hague Child Abduction Convention has proved to be one of the most widely ratified treaties ever agreed at the Hague Conference on Private International Law. This book provides a much needed systematic analysis of the way in which the Convention has been applied in England and Scotland,with extensive reference to the case law of Australia, Canada, France, New Zealand and the United States. All the key provisions and terms of the Convention are thoroughly explored. The book also provides broader insights into the role of the Hague Conference and the use of habitual residence as acorrecting factor. The aim of the Oxford Monographs in Private International Law series, edited by Peter Carter QC, is to publish works of quality and originality in a number of important areas of private international law. The series in intended for both scholarly and practitioner readers.

Mediating International Child Abduction Cases

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Publisher : Bloomsbury Publishing
ISBN 13 : 184731838X
Total Pages : 136 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Mediating International Child Abduction Cases by : Sarah Vigers

Download or read book Mediating International Child Abduction Cases written by Sarah Vigers and published by Bloomsbury Publishing. This book was released on 2011-10-07 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is growing enthusiasm for the use of mediation to seek to resolve cases arising under the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (the Convention). However, despite being endorsed by the conclusions of meetings of experts, judicial comment and even legislative changes, there have been relatively few cases where mediation has played a significant role. It is suggested that the reason underlying this dichotomy between the widespread support for the use of mediation and the current limited practice is that there are several key questions regarding the use of mediation in the context of the Convention which remain to be answered. Specifically: what is meant by Convention mediation? How can a mediation process fit within the constraints of the Convention? And why offer mediation in Convention cases given the existing legal framework? This book addresses these questions and in so doing seeks to encourage a movement from enthusiasm about the use of mediation in the Convention context to greater practice. This title is included in Bloomsbury Professional's Family Law online service.

1KBW on International Child Abduction

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Publisher : Bloomsbury Publishing
ISBN 13 : 1526512831
Total Pages : 579 pages
Book Rating : 4.5/5 (265 download)

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Book Synopsis 1KBW on International Child Abduction by : Richard Harrison KC

Download or read book 1KBW on International Child Abduction written by Richard Harrison KC and published by Bloomsbury Publishing. This book was released on 2020-09-26 with total page 579 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Central Authority Practice

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Publisher :
ISBN 13 : 9780853088936
Total Pages : 180 pages
Book Rating : 4.0/5 (889 download)

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Book Synopsis Central Authority Practice by :

Download or read book Central Authority Practice written by and published by . This book was released on 2003 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Parental Child-stealing

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Publisher : Lexington, Mass. : LexingtonBooks
ISBN 13 :
Total Pages : 186 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Parental Child-stealing by : Michael Agopian

Download or read book Parental Child-stealing written by Michael Agopian and published by Lexington, Mass. : LexingtonBooks. This book was released on 1981 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Monitoring State Compliance with the UN Convention on the Rights of the Child

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Publisher : Springer Nature
ISBN 13 : 3030846474
Total Pages : 429 pages
Book Rating : 4.0/5 (38 download)

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Book Synopsis Monitoring State Compliance with the UN Convention on the Rights of the Child by : Ziba Vaghri

Download or read book Monitoring State Compliance with the UN Convention on the Rights of the Child written by Ziba Vaghri and published by Springer Nature. This book was released on 2022-01-03 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book presents a discussion on human rights-based attributes for each article pertinent to the substantive rights of children, as defined in the United Nations Convention on the Rights of the Child (UNCRC). It provides the reader with a unique and clear overview of the scope and core content of the articles, together with an analysis of the latest jurisprudence of the UN Committee on the Rights of the Child. For each article of the UNCRC, the authors explore the nature and scope of corresponding State obligations, and identify the main features that need to be taken into consideration when assessing a State’s progressive implementation of the UNCRC. This analysis considers which aspects of a given right are most important to track, in order to monitor States' implementation of any given right, and whether there is any resultant change in the lives of children. This approach transforms the narrative of legal international standards concerning a given right into a set of characteristics that ensure no aspect of said right is overlooked. The book develops a clear and comprehensive understanding of the UNCRC that can be used as an introduction to the rights and principles it contains, and to identify directions for future policy and strategy development in compliance with the UNCRC. As such, it offers an invaluable reference guide for researchers and students in the field of childhood and children’s rights studies, as well as a wide range of professionals and organisations concerned with the subject.

Enlèvements Internationaux D'enfants

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Publisher :
ISBN 13 :
Total Pages : 71 pages
Book Rating : 4.:/5 (855 download)

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Book Synopsis Enlèvements Internationaux D'enfants by :

Download or read book Enlèvements Internationaux D'enfants written by and published by . This book was released on 2001 with total page 71 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Battered Women, Their Children, and International Law

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Publisher : UPNE
ISBN 13 : 1555538045
Total Pages : 278 pages
Book Rating : 4.5/5 (555 download)

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Book Synopsis Battered Women, Their Children, and International Law by : Taryn Lindhorst

Download or read book Battered Women, Their Children, and International Law written by Taryn Lindhorst and published by UPNE. This book was released on 2012 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: An eye-opening appraisal of how current Hague Child Abduction Convention agreements unintentionally harm abused women and their children

Obstacles to the Recovery and Return of Parentally Abducted Children

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Publisher :
ISBN 13 :
Total Pages : 36 pages
Book Rating : 4.:/5 (3 download)

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Book Synopsis Obstacles to the Recovery and Return of Parentally Abducted Children by : Linda K. Girdner

Download or read book Obstacles to the Recovery and Return of Parentally Abducted Children written by Linda K. Girdner and published by . This book was released on 1994 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt:

When Parents Kidnap

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Publisher : Simon and Schuster
ISBN 13 : 1451602359
Total Pages : 344 pages
Book Rating : 4.4/5 (516 download)

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Book Synopsis When Parents Kidnap by : Geoffrey L. Greif

Download or read book When Parents Kidnap written by Geoffrey L. Greif and published by Simon and Schuster. This book was released on 2010-06-15 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: What happens when a child is kidnapped from home by his or her own parent? What are the emotional and psychological consequences of living in hiding for weeks, months, or even years for a child? How does the parent left behind cope with having no knowledge of the child’s whereabouts or well-being? And what could lead a parent to inflict such a painful existence on his or her own child?

A Father's Love

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Publisher : Penguin Group
ISBN 13 : 0452297915
Total Pages : 305 pages
Book Rating : 4.4/5 (522 download)

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Book Synopsis A Father's Love by : David Goldman

Download or read book A Father's Love written by David Goldman and published by Penguin Group. This book was released on 2012-04-24 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: What would you do if your four-year-old son was abducted—by your spouse? In June, 2004, David Goldman took his Brazilian wife, Bruna, and their son, Sean, to the airport. She told him that they would be returning to New Jersey after a two-week vacation. Once there, however, Bruna informed Goldman that she was staying in Brazil—and keeping Sean. In the courts, Goldman found himself outmaneuvered by the legal machinations of Bruna’s new husband, a member of one of Brazil’s most powerful families. But Goldman never gave up, appealing to the media and the highest levels of the U.S. government for help. A Father’s Love is the story of Goldman’s incredible five-year battle to reunite with his abducted child—and an inspiring celebration of an ordinary man’s love for his son.

Transfrontier Contact Concerning Children

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Publisher : Jordan Publishing (GB)
ISBN 13 : 9781846611414
Total Pages : 0 pages
Book Rating : 4.6/5 (114 download)

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Book Synopsis Transfrontier Contact Concerning Children by :

Download or read book Transfrontier Contact Concerning Children written by and published by Jordan Publishing (GB). This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The principles and good practices set out in this Guide serve the following purposes: they assist in the more effective implementation and application of those provisions of the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction which concern transfrontier contact . they draw attention to provisions of the Hague Convention of 19 October 1996 on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children which relate to transfrontier contact and which supplement the 1980 Convention, and provide guidance concerning their application . they provide an overall model for constructing an international system of co-operation designed to secure effective respect for rights of contact. As such, the Principles and Guide are intended to be helpful also to those States, which are not Parties to the Hague Conventions, but are considering how best to develop effective structures. ... The Guide is intended to be of particular use to judges and Central Authorities appointed under the 1980 or 1996 Conventions, as well as to governments and other professionals engaged in the development of policies concerning transfrontier contact.

Routledge Handbook of Family Law and Policy

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Publisher : Routledge
ISBN 13 : 1000096505
Total Pages : 548 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis Routledge Handbook of Family Law and Policy by : John Eekelaar

Download or read book Routledge Handbook of Family Law and Policy written by John Eekelaar and published by Routledge. This book was released on 2020-07-26 with total page 548 pages. Available in PDF, EPUB and Kindle. Book excerpt: Changes in family structures, demographics, social attitudes and economic policies over the last 60 years have had a large impact on family lives and correspondingly on family law. The Second Edition of this Handbook draws upon recent developments to provide a comprehensive and up-to-date global perspective on the policy challenges facing family law and policy round the world. The chapters apply legal, sociological, demographic and social work research to explore the most significant issues that have been commanding the attention of family law policymakers in recent years. Featuring contributions from renowned global experts, the book draws on multiple jurisdictions and offers comparative analysis across a range of countries. The book addresses a range of issues, including the role of the state in supporting families and protecting the vulnerable, children’s rights and parental authority, sexual orientation, same-sex unions and gender in family law, and the status of marriage and other forms of adult relationships. It also focuses on divorce and separation and their consequences, the relationship between civil law and the law of minority groups, refugees and migrants and the movement of family members between jurisdictions along with assisted conception, surrogacy and adoption. This advanced-level reference work will be essential reading for students, researchers and scholars of family law and social policy as well as policymakers in the field.

The External Dimension of EU Private International Law After Opinion 1/13

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Publisher :
ISBN 13 : 9781780684376
Total Pages : 0 pages
Book Rating : 4.6/5 (843 download)

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Book Synopsis The External Dimension of EU Private International Law After Opinion 1/13 by : Pietro Franzina

Download or read book The External Dimension of EU Private International Law After Opinion 1/13 written by Pietro Franzina and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The interest of the EU in international efforts towards the harmonisation of private international law has steadily increased over the years. The EU is already a party to several conventions that lay down uniform rules on jurisdiction, conflicts of laws and the recognition and enforcement of judgments. Additionally, various international instruments dealing with judicial cooperation in civil matters have been ratified by the Member States 'in the interest of the Union', or are now administered by the EU.On different occasions the Court of Justice has expressed its views regarding the scope of the external competence of the Union in the field of private international law, the conditions upon which this competence should be regarded as exclusive and the principles according to which the competence itself should be exercised. In spite of this, the development of the external dimension of EU private international law remains a controversial topic, and different questions still await answersThe essays collected in this volume critically address some of the main issues concerning the relations of the EU with non-EU countries and international organisations in the area of private international law, as well as the impact of these relations on EU legislation dealing with matters featuring cross-border implications. Written by leading legal scholars for academics and practitioners, the book discusses, in particular, the principles stated in the latest intervention of the Court of Justice on this topic, Opinion 1/13, regarding the Union's competence as to the acceptance of the accession of third States to the Hague Convention of 1980 on international child abduction, as well as the implications of the Opinion for the development of the EUs external action and legislation in this area.

International Child Abductions

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Publisher :
ISBN 13 :
Total Pages : 220 pages
Book Rating : 4.F/5 ( download)

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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: