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Author: Richard Harrison KC
Publisher: Bloomsbury Publishing
ISBN: 1526512831
Category : Law
Languages : en
Pages : 579
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Book Description
1KBW on International Child Abduction is a guide to the practice and procedure in international child abduction proceedings, in particular applications under the 1980 Hague Convention. It provides guidance as to the law of England and Wales and relevant international law in child abduction cases, as well as the procedures for making applications in the High Court and for pursuing appeals in the Court of Appeal and the Supreme Court. It condenses a large body of case law and international instruments into a digestible format, so that practitioners have all the tools needed for day-to-day practice in one place. 1KBW on International Child Abduction provides: - Flow charts to explain key legal principles and procedural steps, as well as diagrams which summarise important cases - A dedicated section on the 1980 Hague Convention, with individual chapters devoted to key principles such as rights of custody, habitual residence and the relevant 'defences' to applications for a summary return order - Chapters pertaining to the 1996 Hague Convention and applications under the inherent jurisdiction - Practical guidance about the procedure for making applications in the High Court, such as: how to make urgent without notice applications; the criteria for obtaining different types of Tipstaff orders; and when to seek specific orders for disclosure to assist in tracing a child - A summary of Covid-19 guidance Legislation and guidance covered includes: - 1980 Hague Convention - 1996 Hague Convention - Child Abduction and Custody Act 1985 - Family Law Act 1986 - President's Practice Guidance: Case Management and Mediation of International Child Abduction Proceedings 1KBW on International Child Abduction is aimed primarily at practitioners who already specialise, or are looking to specialise, in international child abduction. It can also be used as a reference tool by all family practitioners and those who have an interest in the subject.
Author: Richard Harrison KC
Publisher: Bloomsbury Publishing
ISBN: 1526512831
Category : Law
Languages : en
Pages : 579
Get Book Here
Book Description
1KBW on International Child Abduction is a guide to the practice and procedure in international child abduction proceedings, in particular applications under the 1980 Hague Convention. It provides guidance as to the law of England and Wales and relevant international law in child abduction cases, as well as the procedures for making applications in the High Court and for pursuing appeals in the Court of Appeal and the Supreme Court. It condenses a large body of case law and international instruments into a digestible format, so that practitioners have all the tools needed for day-to-day practice in one place. 1KBW on International Child Abduction provides: - Flow charts to explain key legal principles and procedural steps, as well as diagrams which summarise important cases - A dedicated section on the 1980 Hague Convention, with individual chapters devoted to key principles such as rights of custody, habitual residence and the relevant 'defences' to applications for a summary return order - Chapters pertaining to the 1996 Hague Convention and applications under the inherent jurisdiction - Practical guidance about the procedure for making applications in the High Court, such as: how to make urgent without notice applications; the criteria for obtaining different types of Tipstaff orders; and when to seek specific orders for disclosure to assist in tracing a child - A summary of Covid-19 guidance Legislation and guidance covered includes: - 1980 Hague Convention - 1996 Hague Convention - Child Abduction and Custody Act 1985 - Family Law Act 1986 - President's Practice Guidance: Case Management and Mediation of International Child Abduction Proceedings 1KBW on International Child Abduction is aimed primarily at practitioners who already specialise, or are looking to specialise, in international child abduction. It can also be used as a reference tool by all family practitioners and those who have an interest in the subject.
Author: Onyója Momoh
Publisher:
ISBN: 9781914608797
Category :
Languages : en
Pages : 0
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Book Description
International parental child abduction is the wrongful removal or retention of a child across national borders, without the consent of those with parental responsibility or court permission. It is generally contrary to the welfare of a child to be uprooted in such a manner, and thus it is in the interest of that child to be returned to the country of his or her habitual residence so that issues relating to custody or access can be resolved there. A Practical Guide to International Parental Child Abduction Law (England and Wales) provides a grounding on the law and practice in return proceedings, encompassing interactions between Hague Contracting States (including member States of the European Union) and non-Convention jurisdictions. Notwithstanding the UK's exit from the EU and the end of an era for EU instruments such as the Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000 (now repealed by the 2019 Regulation), in this jurisdiction, the UK remains a part of an international framework of treaty obligations independent of EU Laws. Pursuant to the Child Abduction and Custody Act 1985, the 1980 Hague Convention on the Civil Aspects of International Child Abduction is the legal framework for addressing 'Convention' parental child abduction cases, and along with a number of domestic laws, the aim is to protect children from the harmful effects of child abduction across frontiers. It is hoped that the book will guide readers through key topics such as jurisdiction, procedure, applicable law, and enforcement, looking at these through the distinguishing lens of Convention versus non-Convention cases. The book will also explore salient issues around the voice of the child, objections to return, protective measures, other remedies available under the 1980 Hague convention, and mediation. ABOUT THE AUTHOR Dr Onyója Momoh is a recognised expert in the field of international family law, specialising in cross-border children proceedings. She was called to the Bar in 2010 (Gray's Inn) and is consistently ranked as a leading barrister in the Legal 500 UK for children law since 2017. Onyója undertook her LLM, Ph.D., and post-doctoral research (EU-funded POAM project) all in the area of international parental child abduction and the protection of children across international frontiers. Alongside practice, she teaches private international law (family law) at the University of Aberdeen and has published book chapters, peer-reviewed journal articles, prepared country and expert reports, as well as delivered training and lectures around the world. In recent years, Onyója has engaged in high level advisory and advocacy activities within Government ministries (with a particular interest in Nigeria, and sub-Saharan Africa), the judiciary, and charities abroad, as well as an invited expert presenting at forums such as the Hague Conference on Private International Law, the European Commission and the UK House of Lords Justice and Home Affairs Committee. CONTENTS Chapter One - Introduction Chapter Two - Child Abductions to and from England and Wales Chapter Three - The Operation of the 1980 Hague Convention Chapter Four - Preliminary Points under Article 3 Chapter Five - Pleading an Exception to Return Chapter Six - The Inherent Jurisdiction of the High Court Chapter Seven - Alternative Dispute Resolution Chapter Eight - Trans-frontier Contact Chapter Nine - Some Current Issues Chapter Ten - Concluding Remarks
Author: District Judge Christopher Simmonds
Publisher: Bloomsbury Publishing
ISBN: 1526524333
Category : Law
Languages : en
Pages : 1563
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Book Description
This court practice guide enables you to avoid the most common pitfalls encountered across the spectrum of family proceedings, thereby speeding up litigation and avoiding unnecessary work and wasted costs orders. It covers every aspect of the court process across family proceedings, from divorce and financial remedies to private law and public law children, injunctions and committals and appeals. The guidance is set out with clear references to source materials and is supplemented by forms and other practical information. The work is a key staple widely referred to within the Family Court, Principal Registry of the Family Division, other district registries and county courts. The 7th edition includes the following: - Divorce reform - Changes to Committal proceedings - Domestic Abuse Act 2021 (inc PD 12J and Rule 3A) - Presumption of diminished evidence and vulnerability of witnesses (PD 3AA) - Jurisdiction issues - Parental alienation This title is included in Bloomsbury Professional's Family Law online service.
Author:
Publisher:
ISBN: 9780853088936
Category :
Languages : en
Pages : 180
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Book Description
Author:
Publisher: Jordan Publishing (GB)
ISBN: 9781846611414
Category : Parental relocation (Child custody)
Languages : en
Pages : 0
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Book Description
The principles and good practices set out in this Guide serve the following purposes: they assist in the more effective implementation and application of those provisions of the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction which concern transfrontier contact . they draw attention to provisions of the Hague Convention of 19 October 1996 on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children which relate to transfrontier contact and which supplement the 1980 Convention, and provide guidance concerning their application . they provide an overall model for constructing an international system of co-operation designed to secure effective respect for rights of contact. As such, the Principles and Guide are intended to be helpful also to those States, which are not Parties to the Hague Conventions, but are considering how best to develop effective structures. ... The Guide is intended to be of particular use to judges and Central Authorities appointed under the 1980 or 1996 Conventions, as well as to governments and other professionals engaged in the development of policies concerning transfrontier contact.
Author: Anna Worwood
Publisher:
ISBN: 9780414055438
Category : Children of divorced parents
Languages : en
Pages : 354
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Book Description
Author: Sarah Vigers
Publisher: Bloomsbury Publishing
ISBN: 1847318657
Category : Law
Languages : en
Pages : 111
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Book Description
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. This title is included in Bloomsbury Professional's Family Law online service.
Author: Evan Price
Publisher: Law Brief Publishing
ISBN: 9781913715687
Category : Law
Languages : en
Pages : 82
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Book Description
Every week we read in newspapers and news websites of cases where disappointed beneficiaries are in dispute with others, often members of their own families, about an estate that they expected to benefit from. These challenges often include claims that the person who does receive the benefit from the estate 'unduly influenced' the deceased or that they poured poison about the disappointed beneficiary into the ear of the deceased - which is what is referred to as fraudulent calumny. A Practical Guide to Challenging a Will Due to Undue Influence or Fraudulent Calumny explains what 'undue influence' and what 'fraudulent calumny' are and sets out the framework for challenges to wills where there is such a claim. It also guides the reader through some of the practical issues and difficulties that any disappointed beneficiary may face when making such challenges. These claims are difficult to pursue as they are treated by the courts as being similar to a fraud claim and the guide will be an essential tool for anyone contemplating making or defending such a challenge to a will (whether a lawyer, other professional person, or a beneficiary). ABOUT THE AUTHOR Evan Price is a barrister with over 20 years' experience of disputes involving property, wills, trusts and estates. He practices from Ten Old Square in Lincoln's Inn and is a member of the STEP (the Society of Trusts and Estates Practitioners). He is regularly instructed to assist clients to resolve matters involving broad and knotty issues that require urgent assistance.
Author: Nigel V. Lowe
Publisher: Oxford University Press, USA
ISBN: 0199580405
Category : Law
Languages : en
Pages : 1237
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Book Description
'Bromley's Family Law' is a well-established and popular textbook with students and practitioners alike. This edition has been updated to take into account recent developments in family law.
Author: Stuart Barlow
Publisher:
ISBN: 9781913715793
Category :
Languages : en
Pages : 154
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Book Description
Advocacy in the family court has a style of its own. Yet there is little training or instruction for the lawyer who has a heart to practise in this area. This handbook provides assistance for the newcomer to the Family Law court room. It puts together in one place useful information needed to conduct advocacy in the main areas of family law including divorce, financial applications, private and public children, injunctions and cohabitation claims. This handbook provides assistance for the newcomer to the Family Law Court Room as well as a resource for more experienced practitioners. Subjects covered include: Getting started as a Family Advocate Types of Court applications and hearings Pre-proceedings Preparation for Court hearings The Court hearing itself Fact Finding hearings Experts Cafcass and Local Authority Reports Court Bundles Litigants in Person & McKenzie Friends Position Statements & Skeleton Arguments Drafting Court Orders Appeals Enforcement of Court Orders ABOUT THE AUTHOR Stuart Barlow is a Solicitor who has practised Family Law for over 40 years. He conducts most of his own advocacy. Stuart is a member of the Law Society Children Panel, a former Chief Assessor of the Law Society Family Law Accreditation Scheme and adjudicator for the Legal Aid Agency. He presents training courses for family lawyers throughout England and Wales and is the author of three other published Law books.
