Child Abduction within the European Union

Author: Katarina Trimmings

Publisher: Bloomsbury Publishing

ISBN: 1782250832

Category: Law

Page: 276

View: 2023

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.
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The Hague Child Abduction Convention

A Critical Analysis

Author: Rhona Schuz

Publisher: A&C Black

ISBN: 1782253084

Category: Law

Page: 530

View: 2543

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.'
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Verlust, Trauma und Resilienz

die therapeutische Arbeit mit dem "uneindeutigen Verlust"

Author: Pauline Boss

Publisher: Klett-Cotta

ISBN: 9783608944754

Category: Adaptation, psychological

Page: 315

View: 7680

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Regulating Family Responsibilities

Author: Jo Bridgeman,Heather M. Keating,Craig Lind

Publisher: Ashgate Publishing, Ltd.

ISBN: 9781409402008

Category: Family & Relationships

Page: 327

View: 5422

This collection explores the extent to which changing family norms, arrangements and structures challenge our understandings of the responsibilities which families and family members undertake, and the role of the law in providing a framework for their regulation.
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Children and the European Union

Rights, Welfare and Accountability

Author: Helen Stalford

Publisher: Bloomsbury Publishing

ISBN: 1847319904

Category: Law

Page: 278

View: 7886

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.
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International Child Abduction

The Inadequacies of the Law

Author: Thalia Kruger

Publisher: Bloomsbury Publishing

ISBN: 1847316697

Category: Law

Page: 292

View: 2177

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.
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Gender and Migration in 21st Century Europe

Author: Samantha Currie

Publisher: Routledge

ISBN: 131713060X

Category: Law

Page: 264

View: 6118

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.
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Fifty-ninth report of session 2010-12

documents considered by the Committee on 14 March 2012, including the following recommendations for debate, White Paper on Pensions; EU criminal justice legislation and detention, report, together with formal minutes

Author: Great Britain: Parliament: House of Commons: European Scrutiny Committee

Publisher: The Stationery Office

ISBN: 9780215043429

Category: Political Science

Page: 119

View: 4489

Fifty-ninth report of Session 2010-12 : Documents considered by the Committee on 14 March 2012, including the following recommendations for debate, White Paper on Pensions; EU criminal justice legislation and detention, report, together with formal Minute
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Constitutionalising the EU Judicial System

Essays in Honour of Pernilla Lindh

Author: Pascal Cardonnel,Allan Rosas,Nils Wahl

Publisher: Bloomsbury Publishing

ISBN: 1847319939

Category: Law

Page: 536

View: 6977

These essays, written in honour of retired ECJ judge Pernilla Lindh, reflect on the development of courts and judging in the EU since the founding of the Union. In particular they focus on recent reforms and proposals aimed at further increasing public confidence and democratic accountability throughout the EU judicial system.
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European Data Collection on Sexual Offences Against Minors

Author: Gert Vermeulen,Fleur Dhont,Arne Dormaels

Publisher: Maklu

ISBN: 9789062157860

Category: Social Science

Page: 197

View: 4749

The fight against the sexual exploitation of and trade in children has gained particular and renewed international attention in the last few years and has become one of the most important concerns in the context of international law enforcement policy and cooperation. Since 1998, policy makers have come up with new legal initiatives at global as well as regional levels in order to tackle this problem in a more effective and coordinated way. This proves that the time has come to match words and actions, and to come up with concrete and useful tools for law enforcement services and NGOâ??s active in the areas concerned. The current study therefore examines the feasibility of the further elaboration and implementation of recommendations from a previous project (96/STOP/003) regarding the systematic gathering and administration of data concerning missing minors, minor victims of trafficking in or sexual exploitation of children and perpetrators of sexual offences against minors, with the goal to further prepare the practical setting up of several international databases with immediate relevance to the police and the prosecuting or investigating magistrates or officials, both in the EU Member States and the candidate countries. It is recommended to give Interpol a mandate to host an international database on missing persons and to create an EU monitoring centre responsible for the gathering and administration of reliable statistics and legal information on sexual exploitation of children and trafficking in human beings. It is also recommended for Interpol to host an international reference database on child pornography and to set up an analysis/intelligence child porn database at Europol. Regarding suspected and convicted sex offenders, it is proposed to create a database on pending investigations, an EU criminal records database and a database at Europol containing encoded information on both suspected and convicted offenders of sexual offences against children. Finally, it is suggested to create a European network of national DNA databases. The book also contains a summary of the conclusions in French.
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Japanese and European Private International Law in Comparative Perspective

Author: Jürgen Basedow,Harald Baum

Publisher: Mohr Siebeck

ISBN: 9783161495472

Category: Law

Page: 434

View: 8028

The idea of national codification is advancing on a global scale in conflict of laws. A large number of legislative projects dealing with codifying and modernizing private international law, both on the national and the supranational level, have been launched in the past few years. Among such recent initiatives, the advances taken by the European and the Japanese legislators are particularly reflecting these developments. On January 1, 2007, the new Japanese 'Act on General Rules for Application of Laws' entered into force replacing the outdated conflict of laws statute of 1898. This major reform finds its parallels in the current efforts of the European Union to create a modern private international law regime for its member states.This volume presents the first comprehensive analysis of the new Japanese private international law available in any western language and contrasts it with corresponding European developments. Most of the contributors from Japan are scholars who were actively involved in and responsible for preparing the new Act. All of them are renowned experts in the field of private international law. Leading European experts in the conflict of laws supplement the Japanese analyses with comparative contributions reflecting the pertinent discussion of parallel endeavours in the EU. To guarantee better understanding, English translations of both the present and the former Japanese statutes have been added.
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Islam, Sharia and Alternative Dispute Resolution

Mechanisms for Legal Redress in the Muslim Community

Author: Mohamed Keshavjee

Publisher: I.B.Tauris

ISBN: 1848857322

Category: Law

Page: 237

View: 4952

This book shows that Shari'a and its 'fiqh' (laws set forward by various Islamic legal schools) comprise a far more nuanced matrix of interpretations than is often assumed to be the case.
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Constitutionalization of European Private Law

XXII/2

Author: Hans Micklitz

Publisher: OUP Oxford

ISBN: 0191020087

Category: Law

Page: 320

View: 3843

In recent years the impact of human rights and fundamental rights on private law has risen in prominence and led to a whole series of detailed investigations. 'Constitutionalization of private law' is the flag under which most of the research on the increasing impact of national constitutional rights on national private legal orders is sailing. In the absence of a European Constitution, the constitutionalization of European private law suggests a process: constitutionalization instead of constituent power, demos, and the magic constitutional moment. The Charter of Fundamental Rights and the European Convention of Human Rights constitute the two pillars on which the transformation of European private law rests. This volume clearly demonstrates the change that has taken place, at the national and at the European level. Private law is no longer immune to the intrusion of fundamental and human rights. Whilst member states and the EU are driving the process by adopting ever more concrete and more comprehensive lists of human and fundamental rights, at the national, the European, and international level with overlapping contents, the true and key players in this development are the national and European courts. Contributions to this volume give this process a face and a direction, which is highlighted in the introduction by Hans-W. Micklitz.
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Q & A Revision Guide Family Law 2013 and 2014

Author: Ruth Gaffney-Rhys,Chris Barton,Mary Hibbs,Penny Booth

Publisher: Oxford University Press

ISBN: 0199661944

Category: Law

Page: 248

View: 4112

Q&A Family Law offers a lifeline to students revising for exams. It provides clear guidance from experienced examiners on how best to tackle exam questions, and gives students the opportunity to practise their exam technique and assess their progress.
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