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Care Proceedings with an International Element: An Empirical Study


ISBN13: 9781509977345
To be Published: April 2027
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 2025)
Price:
Hardback edition , ISBN13 9781509977307





Presenting the findings of a study of 100 care cases, this book provides rigorous analysis of how jurisdictional issues are determined and how information sharing of child protection operates across borders.

It draws on the first empirical study of the operation of private international law instruments (Brussels IIa and the 1996 Hague Convention) in care proceedings in England. It also illustrates how prospective carers are assessed and the routes which are used to secure legal permanence for children living overseas. In so doing, it identifies all the ways in which children's welfare interests are compromised in the cross-border context. But it does suggest solutions: identifying how private international law instruments, their interpretation and application, should be improved to promote the best interests of children.

This is an impressive work, which will be invaluable to both scholars and practitioners.

Subjects:
Family Law, Children
Contents:
Foreword
Acknowledgements
Table of Abbreviations
Tables of Cases
Tables of Legislation

Chapter 1. Introduction
I. Structure and Methodology

Chapter 2. Private International Law and the Regulation of State Child Protection Measures
I. The Boll Case and the 1902 Guardianship Convention
II. The Convention Concerning the Powers of Authorities and the Law Applicable in Respect of the Protection of Infants 1961
III. The 1996 Hague Convention
IV. The Development of Brussels IIa
V. Conclusion

Chapter 3. Forum Issues in Care Proceedings
I. Introduction – Jurisdiction and Welfare under BIIa/HC96
II. The Welfare Impact of Jurisdictional Decisions.
III. Jurisdictional Decisions and Eekelaar's 'Direct' and 'Indirect' Welfare Paradigm
IV. Transfers of Jurisdiction and Best Interests
V. Determinations of Habitual Residence and Best Interests
VI. Jurisdiction and Families Fleeing Care Proceedings
VII. Jurisdiction in Care Proceedings which do not engage Brussels IIa and 1996 Hague Convention
VIII. Conclusion: Jurisdiction and Welfare

Chapter 4. Practice and Permanence in Care Proceedings with an International Element
I. Introduction
II. Permanence
III. Changing Approaches to Permanence – Policy, Practice and Reforms
IV. Kinship Care: Inadequate Assessments and Untested Placements
V. Conclusion

Chapter 5. Findings on The Operation of Jurisdictional Rules in BIIa / HC96 in Care Proceedings
I. Introduction
II. 'Framing' a Case as Having an International Element
III. Identifying and Exploring Jurisdictional Issues
IV. Jurisdictional Arguments, Litigation Strategies, Decisions which Impact on Welfare
V. Summary Conclusions: Jurisdiction in Care Proceedings

Chapter 6. Findings on Requesting and Exchanging Child Protection Information in Care Proceedings
I. Introduction
II. Information about Prior Child Protection Interventions Overseas
III. Communicating Child Protection Concerns in 'Known Flight' Cases
IV. Communicating Child Protection Concerns in 'Unknown Flight' or 'Planned Relocation' Cases
V. Exchanging Child Protection Information: Comparison with Domestic Cases
VI. Summary Conclusions: Co-Operation to Exchange Child Protection Information

Chapter 7. Findings on Overseas Assessments in Care Proceedings
I. Overseas Assessments: Domestic Context
II. Overseas Assessments: Which Method?
III. Deciding Whether to Conduct and Overseas Kinship Assessment
IV. Adequacy of Overseas Assessments
V. Assessing a Prospective Kinship Carer's Relationship with the Child
VI. 'Top-Up' Assessments by Social Workers Travelling Overseas: 'One of our own'.
VII. Family Members Travelling to the UK for 'Top-Up' Assessments
VIII. 'Testing' an Overseas Kinship Placement
IX. Summary Conclusions: Overseas Assessments

Chapter 8. Findings on Overseas Kinship Placements
I. Introduction
II. Consent to Place a Child in a BIIa/HC96 State.
III. Securing Legal Permanence Overseas: Recognition and Enforcement under BIIa/HC96 and Mirror Orders
IV. Conclusion

Chapter 9. Conclusions and Recommendations
Appendix: Sample Description
I. The Index Child – Age and Gender as Recorded.
II. Mothers and Fathers
III. Family Composition
IV. Siblings
V. Family Residence
VI. Ethnicity
VII. Family Nationality
VIII. Family Immigration Status

Bibliography

Series: Studies in Private International Law

Recognition and Enforcement of Foreign Judgments in Africa ISBN 9781509980833
To be published January 2027
Hart Publishing
£120.00
Private International Law in Russia ISBN 9781509964352
Published February 2026
Hart Publishing
£41.99
£69.99
Care Proceedings with an International Element: An Empirical Study ISBN 9781509977307
Published October 2025
Hart Publishing
£90.00
Cambodian Private International Law ISBN 9781509954049
Published September 2025
Hart Publishing
£150.00
£62.99

Due to a technical issue some ebooks are not available to order.

£150.00
Private International Law in Russia ISBN 9781509964314
Published June 2024
Hart Publishing
£90.00
Private International Law in Russia (eBook) ISBN 9781509964321
Published June 2024
Hart Publishing
Out of print

Due to a technical issue some ebooks are not available to order.

A Guide to Global Private International Law ISBN 9781509957873
Published November 2023
Hart Publishing
£54.99
Private International Law and Competition Litigation in a Global Context (eBook) ISBN 9781509918676
Published September 2023
Hart Publishing
Out of print

Due to a technical issue some ebooks are not available to order.

Private International Law and Competition Litigation in a Global Context ISBN 9781509918669
Published September 2023
Hart Publishing
£100.00
£40.49

Due to a technical issue some ebooks are not available to order.

Out of print

Due to a technical issue some ebooks are not available to order.

The Application of Foreign Law in the British and German Courts ISBN 9781509959587
Published December 2022
Hart Publishing
£90.00
Out of print

Due to a technical issue some ebooks are not available to order.

The Private International Law of Authentic Instruments ISBN 9781509945627
Published July 2022
Hart Publishing
£54.99
Economic Sanctions in EU Private International Law ISBN 9781509953578
Published July 2021
Hart Publishing
£44.99
The Private International Law of Authentic Instruments ISBN 9781509907632
Published November 2020
Hart Publishing
£110.00
The Private International Law of Authentic Instruments (eBook) ISBN 9781509907649
Published November 2020
Hart Publishing
Out of print

Due to a technical issue some ebooks are not available to order.

Planning the Future of Cross Border Families: A Path Through Coordination ISBN 9781509919864
Published October 2020
Hart Publishing
£225.00
Out of print

Due to a technical issue some ebooks are not available to order.

Private International Law in Nigeria (eBook) ISBN 9781509911141
Published June 2020
Hart Publishing
Out of print

Due to a technical issue some ebooks are not available to order.

Private International Law in Nigeria ISBN 9781509911134
Published June 2020
Hart Publishing
£140.00
Place of Performance: A Comparative Analysis (eBook) ISBN 9781509936212
Published May 2020
Hart Publishing
Out of print

Due to a technical issue some ebooks are not available to order.

Place of Performance: A Comparative Analysis ISBN 9781509936205
Published May 2020
Hart Publishing
£110.00
Clawback Law in the Context of Succession ISBN 9781509932320
Published May 2020
Hart Publishing
£100.00
Clawback Law in the Context of Succession (eBook) ISBN 9781509932337
Published May 2020
Hart Publishing
Out of print

Due to a technical issue some ebooks are not available to order.

Out of print

Due to a technical issue some ebooks are not available to order.

£49.99
Out of print

Due to a technical issue some ebooks are not available to order.

Economic Sanctions in EU Private International Law ISBN 9781509933518
Published January 2020
Hart Publishing
£100.00
Economic Sanctions in EU Private International Law (eBook) ISBN 9781509933525
Published January 2020
Hart Publishing
Out of print

Due to a technical issue some ebooks are not available to order.

Recognition and Enforcement of Judgments in Civil and Commercial Matters (eBook)
Edited by: Anselmo Reyes
ISBN 9781509924271
Published September 2019
Hart Publishing
£144.00

Due to a technical issue some ebooks are not available to order.

Recognition and Enforcement of Judgments in Civil and Commercial Matters
Edited by: Anselmo Reyes
ISBN 9781509924257
Published September 2019
Hart Publishing
£160.00
Out of print

Due to a technical issue some ebooks are not available to order.

Commercial Issues in Private International Law ISBN 9781509922871
Published June 2019
Hart Publishing
£140.00
The Choice of Law Contract ISBN 9781509926800
Published January 2019
Hart Publishing
£35.99
Forum (Non) Conveniens in England: Past, Present, and Future ISBN 9781782256403
Published December 2018
Hart Publishing
£75.00
Forum (Non) Conveniens in England: Past, Present, and Future (eBook) ISBN 9781509925780
Published December 2018
Hart Publishing
Out of print

Due to a technical issue some ebooks are not available to order.

Electronic Consumer Contracts in the Conflict of Laws 2nd ed ISBN 9781509920105
Published January 2018
Hart Publishing
£42.99
Cross-Border Litigation in Europe ISBN 9781782256762
Published November 2017
Hart Publishing
£140.00
Cross-Border Litigation in Europe (eBook) ISBN 9781782256779
Published November 2017
Hart Publishing
Out of print

Due to a technical issue some ebooks are not available to order.

The Nature and Enforcement of Choice of Court Agreements: A Comparative Study ISBN 9781509914494
Published October 2017
Special offer (limited stock)
£110.00
Maintenance And Child Support in Private International Law ISBN 9781509915507
Published June 2017
Hart Publishing
£38.99
£31.99
The Choice of Law Contract (eBook) ISBN 9781509901029
Published September 2016
Hart Publishing
Out of print

Due to a technical issue some ebooks are not available to order.

The Choice of Law Contract ISBN 9781849467643
Published September 2016
Hart Publishing
£95.00
Recovery of Maintenance in the EU and Worldwide
Edited by: Paul Beaumont
ISBN 9781509909285
Published August 2016
Hart Publishing
£59.99
Electronic Consumer Contracts in the Conflict of Laws 2nd ed ISBN 9781849466912
Published October 2015
Hart Publishing
£100.00
Electronic Consumer Contracts in the Conflict of Laws 2nd ed (eBook) ISBN 9781782259305
Published October 2015
Hart Publishing
Out of print

Due to a technical issue some ebooks are not available to order.

Maintenance And Child Support in Private International Law (eBook) ISBN 9781509903566
Published March 2015
Hart Publishing
Out of print

Due to a technical issue some ebooks are not available to order.

Maintenance And Child Support in Private International Law ISBN 9781849467179
Published March 2015
Hart Publishing
£100.00
Out of print

Due to a technical issue some ebooks are not available to order.

£90.00
Recovery of Maintenance in the EU and Worldwide (eBook)
Edited by: Paul Beaumont
ISBN 9781782254690
Published July 2014
Hart Publishing
Out of print

Due to a technical issue some ebooks are not available to order.

Recovery of Maintenance in the EU and Worldwide
Edited by: Paul Beaumont
ISBN 9781849465731
Published July 2014
Hart Publishing
£150.00
Out of print

Due to a technical issue some ebooks are not available to order.

The Hague Child Abduction Convention: A Critical Analysis (eBook) ISBN 9781782253099
Published November 2013
Hart Publishing
Out of print

Due to a technical issue some ebooks are not available to order.

The Hague Child Abduction Convention: A Critical Analysis ISBN 9781849460170
Published November 2013
Hart Publishing
£130.00
Out of print

Due to a technical issue some ebooks are not available to order.

Child Abduction within the European Union ISBN 9781849463973
Published March 2013
Hart Publishing
£100.00
Child Abduction within the European Union (eBook) ISBN 9781782250838
Published March 2013
Hart Publishing
Out of print

Due to a technical issue some ebooks are not available to order.

Intellectual Property and Private International Law: Comparative Perspectives
Edited by: Toshiyuki Kono
ISBN 9781849462310
Published June 2012
Hart Publishing
£325.00
Intellectual Property and Private International Law: Comparative Perspectives (eBook)
Edited by: Toshiyuki Kono
ISBN 9781847319708
Published June 2012
Hart Publishing
Out of print

Due to a technical issue some ebooks are not available to order.

The Governing Law of Companies in EU Law (eBook) ISBN 9781847319272
Published April 2012
Hart Publishing
Out of print

Due to a technical issue some ebooks are not available to order.

The Governing Law of Companies in EU Law ISBN 9781849462969
Published April 2012
Hart Publishing
£100.00
£190.00
Out of print

Due to a technical issue some ebooks are not available to order.

Mediating International Child Abduction Cases: The Hague Convention (eBook) ISBN 9781847318657
Published October 2011
Hart Publishing
Out of print

Due to a technical issue some ebooks are not available to order.

Mediating International Child Abduction Cases: The Hague Convention ISBN 9781849461818
Published October 2011
Hart Publishing
£95.00
International Child Abduction: The Inadequacies of the Law (eBook) ISBN 9781847318565
Published August 2011
Hart Publishing
Out of print

Due to a technical issue some ebooks are not available to order.

International Child Abduction: The Inadequacies of the Law ISBN 9781849461566
Published August 2011
Hart Publishing
£100.00
Cases and Materials on EU Private International Law ISBN 9781849460279
Published April 2011
Hart Publishing
Out of print
Cases and Materials on EU Private International Law (eBook) ISBN 9781847317636
Published April 2011
Hart Publishing
Out of print

Due to a technical issue some ebooks are not available to order.

Jurisdiction and Judgments in Relation to EU Competition Law Claims ISBN 9781841136592
Published December 2010
Hart Publishing
£140.00
Out of print

Due to a technical issue some ebooks are not available to order.

Foreign Currency Claims in the Conflict of Laws ISBN 9781841138923
Published April 2010
Hart Publishing
£90.00
Electronic Consumer Contracts in the Conflict of Laws ISBN 9781841138473
Published September 2009
Hart Publishing
Out of print
Publication Abandoned