Author:
Publisher: Jordan Publishing (GB)
ISBN: 9780853088943
Category :
Languages : en
Pages :

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Author: Sarah Vigers
Publisher: Bloomsbury Publishing
ISBN: 184731838X
Category : Law
Languages : en
Pages : 136

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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:
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: Thalia Kruger
Publisher: Bloomsbury Publishing
ISBN: 1847316697
Category : Law
Languages : en
Pages : 292

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Book Description
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.

Author: J. G. Lammers
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041122063
Category : Law
Languages : en
Pages : 304

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Book Description
This is the fifteenth volume of the "Hague Yearbook of International Law," which succeeds the "Yearbook of the Association of Attenders and Alumni of the Hague Academy of International Law," The title "Hague Yearbook of International Law" reflects the close ties which have always existed between the AAA and the City of The Hague with its international law institutions, and indicates the Editor's intention to devote attention to developments taking place in those international law institutions, "viz." the International Court of Justice the Permanent Court of Arbitration, the Iran-United States Claims Tribunal, and the Hague Conference on Private International Law. This volume contains in-depth articles on these developments (in English and French) and summaries of (aspects of) decisions rendered by the International Court of Justice, the International Criminal Court, the International Criminal Tribunal for the former Yugoslavia since 1991, the Iran-United States Claims Tribunal, the Permanent Court of Arbitration and the Hague Peace Conference on Private International Law.

Author:
Publisher:
ISBN: 9780853088936
Category :
Languages : en
Pages : 180

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Book Description

Author: Cristina González Beilfuss
Publisher: Edward Elgar Publishing
ISBN: 1839103981
Category : Law
Languages : en
Pages : 813

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Book Description
This authoritative Commentary on the recast Regulation 2019/1111 on matters of matrimonial and parental responsibility presents a deep analysis of the Regulation and is authored by leading experts in family law and private international law. Employing a granular, article-by-article approach, the Commentary acts as a detailed reference point on the uniform jurisdiction rules for divorce, legal separation and marriage annulment, as well as for disputes over parental responsibility with an international element, including child abduction.

Author:
Publisher: Jordan Publishing (GB)
ISBN: 9780853088943
Category : Political Science
Languages : en
Pages : 84

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Book Description
The existing three volumes constitute the official Hague Conference Guide to Good Practice in dealing with international child abduction cases under the 1980 Hague Convention. Part IV of the guide is more technical and detailed in its approach to the subject-matter than previous Parts reflecting the complexity and diversity of the approaches adopted by States to the issue of enforcement. It is intended to assist Contracting States in implementing an efficient system to enforce Hague return orders in the best interests of the children concerned.

Author: Katarina Trimmings
Publisher: Bloomsbury Publishing
ISBN: 1782250832
Category : Law
Languages : en
Pages : 193

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Book Description
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.

Author: Andrea Bonomi
Publisher: Walter de Gruyter
ISBN: 3866539487
Category : Law
Languages : en
Pages : 697

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Book Description
The current rich volume of the "Yearbook of Private International Law" includes a special section on actual issues on conflict of laws and jurisdictions in the United States. Another special section is devoted to the revision of the Brussels I Regulation, in particular after the recent proposal by the European Commission. National reports and court decisions complete the book. Recent highlights include: the new Chinese Statute on Private International Law the Rome III Regulation on the Law Applicable to Separation and Divorce the recent CJUE decisions on jurisdiction in contractual disputes, in particular in the case of e-commerce the law applicable to the actio pauliana national reports from Egypt, Iran, Israel and Norway