The Hague Convention on International Child Abduction

The Hague Convention on International Child Abduction

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.

Author: P. R. Beaumont

Publisher: Oxford University Press on Demand

ISBN: 0198260644

Category: Language Arts & Disciplines

Page: 332

View: 941

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.
Categories: Language Arts & Disciplines

The Hague Convention on International Child Abduction

The Hague Convention on International Child Abduction

The first edition of The Hague Convention on International Child Abduction was recognized by the United States Court of Appeals for the Ninth Circuit in the key judgement Mozes v.

Author:

Publisher:

ISBN: 0199590346

Category:

Page: 480

View: 605

Categories:

The Hague Child Abduction Convention

The Hague Child Abduction Convention

This is the fourth volume in the Studies in Private International Law Series on the
subject of child abduction. ... overview of the current interpretation of the main
provisions of the Hague Child Abduction Convention in a global context (Articles
3, 12, 13 and 20). ... Abduction Convention (P Beaumont and P McEleavy, The
Hague Convention on International Child Abduction (Oxford University Press,
1999)).

Author: Rhona Schuz

Publisher: A&C Black

ISBN: 9781782253082

Category: Law

Page: 530

View: 976

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.'
Categories: Law

The Arrest of Ships in Private International Law

The Arrest of Ships in Private International Law

General Editor: Professor James J. Fawcett FBA The aim of the series is to
publish work of quality and originality in a number of important areas of private
international law. ... TAKAHASHI The Hague Convention on International Child
Abduction PAUL BEAUMONT AND PETER MCELEAVY Autonomy in ... LAW
VERÓNICA RUIZ ABOU-NIGM Lecturer in OXFORD PRIVATE INTERNATIONAL
LAW SERIES.

Author: Verónica Ruiz Abou-Nigm

Publisher: Oxford University Press

ISBN: 9780199581351

Category: Law

Page: 278

View: 721

Analysing the arrest of ships in English and Scots law in the light of the international conventions in the field this book examines the protective, security, and jurisdictional functions of arrest within the three classical domains of private international law: applicable law, jurisdiction, and the recognition and enforcement of foreign judgments.
Categories: Law

Intellectual Property and Private International Law

Intellectual Property and Private International Law

OXFORD PRIVATE INTERNATIONAL LAW SERIES General Editor: Professor
James J. Fawcett FBA The aim of the ... an International Context KOJI
TAKAHASHI The Hague Convention on International Child Abduction PAUL
BEAUMONT and ...

Author: James J. Fawcett

Publisher: Oxford University Press

ISBN: 9780199556588

Category: Law

Page: 986

View: 569

The new edition of this highly regarded work has been fully updated to encompass major developments in the law. The disciplines of intellectual property and private international law are increasingly obliged to cooperate with the other. This book deals with these matters in a comprehensive way and in doing so it adopts a comparative approach.
Categories: Law

International Child Abduction

International Child Abduction

Beaumont, PR and McEleavy, PE, The Hague Convention on International Child
Abduction (Oxford, Oxford University Press, 1999). Beevers, K ... An
AngloSpanish Perspective' (2007) Journal of Private International Law 201–27.
Bergmann, A ...

Author: Thalia Kruger

Publisher: Bloomsbury Publishing

ISBN: 9781847318565

Category: Law

Page: 292

View: 995

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.
Categories: Law

Mediating International Child Abduction Cases

Mediating International Child Abduction Cases

See also P Beaumont and P McEleavy, The Hague Convention on International
Child Abduction (Oxford, Oxford ... New Swiss Federal Act on International Child
Abduction' (2008) 4 Journal of Private International Law 139 [Bucher 2008] 147.

Author: Sarah Vigers

Publisher: Bloomsbury Publishing

ISBN: 9781847318657

Category: Law

Page: 126

View: 820

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.
Categories: Law

Child Abduction within the European Union

Child Abduction within the European Union

See P Beaumont and P McEleavy, The Hague Convention on International Child
Abduction (Oxford, Oxford University Press, ... and the UN Human Rights
Committee: The Danger of Neulinger' (2010) 6 Journal of Private International
Law 649.

Author: Katarina Trimmings

Publisher: Bloomsbury Publishing

ISBN: 9781782250821

Category: Law

Page: 276

View: 838

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.
Categories: Law

Companion Reader on Violence Against Women

Companion Reader on Violence Against Women

Finally, although it would be difficult to amend the Hague Convention on the Civil
Aspects of International Child Abduction, a special commission could be
convened by the Hague Conference on Private International Law to clarify the
proper ...

Author: Claire M. Renzetti

Publisher: SAGE

ISBN: 9781452236186

Category: Psychology

Page: 424

View: 214

Designed to advance knowledge about violence against women and to serve as an inspiration to those studying or working in the field, this companion reader's 20 original articles focus first on theoretical and methodological issues, then on types of violence against women, and finally on prevention and direct intervention. Readers will find a wide range of articles that draw attention to the global dimensions of violence against women and the importance of taking into account political, economic, and cultural differences across diverse groups of people. While the book's articles are designed as companion pieces to the chapters in the Second Edition of the Sourcebook, this reader may also be used as a stand-alone text by those researching specific topics, such as diversity issues, conducting trainings, or teaching advanced courses, such as international social work.
Categories: Psychology

Ideas and Debates in Family Law

Ideas and Debates in Family Law

Allen, C, 'Status and Capacity' (1930) 46 Law Quarterly Review 277 Alston, P, '
The Best Interests Principle: Towards a Reconciliation of ... and McEleavy, P, The
Hague Convention on International Child Abduction (Oxford, Oxford University
Press, 1999) Bottomley, A and ... Answering for Crime (Oxford, Hart Publishing,
2007) Duncan, W, 'Children's Rights, Cultural Diversity and Private International
Law' ...

Author: Rob George

Publisher: Bloomsbury Publishing

ISBN: 9781847319869

Category: Law

Page: 178

View: 116

Ideas and Debates in Family Law is written for family law students, at undergraduate level and beyond, who are looking for less orthodox ideas about family law. The book's first section looks at themes in family law, addressing challenges facing the family justice system, rights and responsibilities, and the internationalisation of the law regulating families. The second section is focused on adult relationships: it suggests new ways for the law to allocate legal consequences for families, debates the consequences of the 'contractualisation' of marriage, and explores the value of 'fairness' in family finances. The third section is about children, discussing the welfare principle, parental responsibility and practical parenting. Although these issues sound common enough in a family law book, the discussions found here are far from common. Useful by itself or alongside a textbook, Ideas and Debates in Family Law offers new and thought-provoking perspectives on family law issues. 'Rob George is a new, distinctive and powerful voice in family law scholarship. In this book he subjects received and emerging opinions to incisive examination, providing readers with the intellectual invigoration associated with first class seminars. Above all, he re-claims family law as a significant branch of the idea and practice of justice.' John Eekelaar, Pembroke College, Oxford 'Building on a successful format for undergraduate seminars in Oxford, this unique student text presents an exciting array of thought-provoking debates and intellectually stimulating, sometimes unorthodox, ideas. It will help students to situate their knowledge and to think more deeply and critically about family law and policy. I applaud this book's focus and content and Rob George's vision in writing it.' Stephen Gilmore, King's College London 'Whether you are a student looking for interesting points to make your work first class or an academic wanting an overview of family law theory, this is the book for you. Rob George has brilliantly captured the main issues facing family lawyers and policy makers at this fascinating time. All the major concepts in family law - marriage; parenthood; family - are having to be rethought and redefined. This book provides an excellent starting point for how we might go about reimagining family law and policy.' Jonathan Herring, Exeter College, Oxford
Categories: Law

Procedural Law in International Arbitration

Procedural Law in International Arbitration

OXFORD PRIVATE INTERNATIONAL LAW SERIES General Editor : James
Fawcett The aim of the series is to publish ... in an International Context KOJI
TAKAHASHI The Hague Convention on International Child Abduction PAUL
BEAUMONT ...

Author: Georgios Petrochilos

Publisher: Oxford University Press on Demand

ISBN: STANFORD:36105063673045

Category: Law

Page: 436

View: 263

This book comprehensively analyses the relevant legislative practice of all major arbitration venues in the world, as well as the arbitral practice of a number of arbitral institutions. The book proposes an analytical model for the determination of the procedural law of international arbitration, as well as a number of 'model' legislative provisions of substantive and private international law.
Categories: Law

Collected courses of the Hague Academy of International Law

Collected courses of the Hague Academy of International Law

PRINCIPAL PUBLICATIONS A. Books Convergence and Divergence in
European Public Law ( Hart , 2002 ) , ed . Paul Beaumont ... The Hague
Convention on International Child Abduction ( Oxford University Press , 1999 ) ,
by Paul R. Beaumont and Peter E. McEleavy . ... Convergence and Divergence in
Private International Law ( Utrecht , 2010 ) ( forthcoming ) ( by Paul Beaumont
and Burcu Yüksel ) .

Author: Hague Academy of International Law

Publisher:

ISBN: STANFORD:36105134515357

Category: International law

Page:

View: 223

Categories: International law

Constitutionalising the EU Judicial System

Constitutionalising the EU Judicial System

One might suppose that in the application of comparable provisions in
regulations and conventions comparable interpretations ... H Van Loon and A
Schulz, 'The European Community and the Hague Conference on Private
International Law' in B ... Convention on the Civil Aspects of International Child
Abduction of 25 October 1980, Hague Conference on Private ... on Private
International Law, Proceedings of the XVIIIth Session 30 September to 19
October 1996 (The Hague: (Oxford, ...

Author: Pascal Cardonnel

Publisher: Bloomsbury Publishing

ISBN: 9781847319937

Category: Law

Page: 536

View: 917

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.
Categories: Law

The International Journal of Children s Rights

The International Journal of Children s Rights

... The Hague Convention on International Child Abduction , Oxford , New York :
Oxford University Press , 1999 xxx + 332 pp ... law instrument to have been
completed under the auspices of the Hague Conference on Private International
Law .

Author:

Publisher:

ISBN: UCAL:B4590513

Category: Children

Page:

View: 928

Categories: Children

Law and Religion

Law and Religion

Paul Beaumont is Professor of European Union and Private International Law
and Head of the Law School , University of Aberdeen . ... and co - authored EU
Law ( Penguin , 1999 ) and The Hague Convention on International Child
Abduction ( Oxford University Press , 1999 ) . ... Among his many publications are
Judaism and Healing and the four - volume series Contemporary Halakhic
Problems .

Author: Richard O'Dair

Publisher: Oxford University Press on Demand

ISBN: STANFORD:36105060991978

Category: Law

Page: 561

View: 729

'Law and Religion' is a comprehensive treatment of an area that will stimulate and enlighten anyone interested in law and religion. Both common and civil law jurisdictions and a wide variety of cultural contexts are represented.
Categories: Law

Texas International Law Journal

Texas International Law Journal

Finally , it is worth noting the existence of a more recent Hague Convention — the
Hague Convention on Jurisdiction ... of Children Convention — the principal and
most effective tool for dealing with international child abduction is the Hague ...
For a list of countries that are party to the Abduction Convention , see Hague
Conference on Private International Law ... THE HAGUE CONVENTION ON
INTERNATIONAL CHILD ABDUCTION 261 ( P . B . Carter ed . , Oxford 1999 ) (
hereinafter ...

Author:

Publisher:

ISBN: UCAL:B5130035

Category: Comparative law

Page:

View: 314

Categories: Comparative law

A Dictionary of Law

A Dictionary of Law

... writ used to challenge the validity of a person's detention, either in official
custody (e.g. when held pending deportation or extradition) or in private hands. ...
Hague Convention on the Civil Aspects of International Child Abduction An
international treaty signed by more than 50 countries that enables disputes
involving ... a series of international conventions on the laws of war (3 in 1899
and 13 in 1907).

Author: Jonathan Law

Publisher: OUP Oxford

ISBN: 9780191053788

Category: Law

Page: 704

View: 436

This best-selling dictionary is an authoritative and comprehensive source of jargon-free legal information. It contains over 4,700 entries that clearly define the major terms, concepts, processes, and the organization of the English legal system. Entries have been fully updated for this edition to incorporate the latest legislation, including entries on foreign national offenders, Police and Crime Commissioners, corporate manslaughter, and settlement agreements, and there is a useful Writing and Citation Guide that specifically addresses problems and established conventions for writing legal essays and reports. Now providing more information than ever before, this edition features recommended web links for many entries, which are accessed and kept up to date via the Dictionary of Law companion website. Described by leading university lecturers as 'the best law dictionary' and 'excellent for non-law students as well as law undergraduates', this classic dictionary is an invaluable source of legal reference for professionals, students, and anyone else needing succinct clarification of legal terms. Focusing primarily on English law, it also provides a one-stop source of information for any of the many countries that base their legal system on English law.
Categories: Law

Bowker s Law Books and Serials in Print

Bowker s Law Books and Serials in Print

... J. M. The Hague Convention on the Civil Aspects of International Child
Abduction: Explanatory Documentation. Legal Division, Commonwealth
Secretariat, ed. (Private International Law Ser.). ... Oxford Essays in
Jurisprudence, Third Series.

Author:

Publisher:

ISBN: IND:30000039776053

Category: Law

Page:

View: 911

Categories: Law