Subjects:

Family Law

Contents:

Print On Demand

General Editor's Preface

Preface

Table of Cases

Table of Legislation

Introduction

Sociological Review and Analysis of International Child Abduction

The Evolution of an International Convention: The Hague Model

Aims

Removal and Retention

Rights of Custody

Habitual residence

Article 13(1)(a): Has the Dispossessed Parent Consented or Subsequently Acquiesced in the Removal or Retention?

The Protection of Children where a return may result in Harm: Article 13(1)(b), Undertakings & Article 20

2: The Right of a Mature Minor to object to a Return: Article 13

Article 12(2): The Child is now settled in its New Environment

Rights of Access

Relationship of the Hague Convention with Other International Instruments

Interpretation

The Child Abduction Convention in Practice

Conclusions

Appendix 1: English and French Text of the Convention

Appendix 2: Table of Ratifications and Accessions

Appendix 3: Hague Convention Statistics

Index

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 a correcting 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.