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Vol 21 No 10 Oct/Nov 2016

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The Hague Child Abduction Convention: A Critical Analysis


ISBN13: 9781849460170
Published: November 2013
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £73.00



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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 been ratified by more than 80 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. Particular emphasis is placed on analyzing the interpretation of the Convention in the light of 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 are effectively 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 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.

Subjects:
Conflict of Laws, Family Law
Contents:
Introduction
Part I – Overview
1. The Birth of the Abduction Convention and its Inter-Relationship with Other Legal Instruments
2. The Operation of the Abduction Convention
3. Inter-Disciplinary Aspects of International Child Abduction
4. International Relocation and its Inter-Relationship with Child Abduction

Part II – Parameters for Analysis
5. Parameters Relating to Text and Objectives
6. Consistency with General Legal Doctrines

Part III – Conditions for Application of Mandatory Return Mechanism
7. Wrongful Removal or Retention
8. Habitual Residence

Part IV – Defences to Mandatory Return
9. Article 12(2)
10. Consent and Acquiescence
11. Grave Risk of Harm
12. Child’s Objection
13. Violation of Fundamental Human Rights and Freedoms

Part V: The Voice of the Child
14. Ascertaining the Child’s Views
15. Status of the Child in Abduction Convention Proceedings

Part VI: Related Proceedings and Processes
16. Mediation
17. Compensating the Left-Behind Parent
18. Enforcing Rights of Access

Part VII: The Way Ahead
19. Conclusions and Recommendations

Appendix – Hague Convention on the Civil Aspects of International Child Abduction
Index

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