Download or read book Child Abduction within the European Union written by Katarina Trimmings and published by Bloomsbury Publishing. This book was released on 2013-03-20 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Cross border Parental Child Abduction in the European Union written by Lukas Heckendorn Urscheler and published by . This book was released on 2015 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Hungary in written by Tamas Dezso Ziegler and published by . This book was released on 2016 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: Upon request by the European Parliament's Committee on Civil Liberties, Justice and Home Affairs (LIBE), this study aims at analysing the international, European and national legal framework applicable to cross-border parental child abduction, with a view to proposing recommendations for the improvement of the current system. In light of available statistics and case law, five recurrent scenarios giving rise to child abduction legal disputes have been identified. One common scenario is the wrongful removal of a child, which results in the reversal of the balance previously settled in a judicial decision for the exercise of parental rights. A judicial “fast track” through the “automatic” enforcement of foreign decisions on return prescribed by EU Regulation 2201/2003 can be said to have improved the regime of the existing Hague Convention on Child Abduction. In turn, case law shows that when child abduction takes the form of an “illegal transfer of a child's primary residence abroad” by the primary care-giver, national courts tend to explore more in-depth the “best interests of the child”. The development of appropriate structures of mediation in order to organise the transfer of a child's residence abroad with one of the parents should prevent “abductions” and improve, in most cases, the relationship between the parents having joint responsibility for the child. In addition to a preventive mediation scheme, a remedial mediation scheme is proposed. If, despite the preventive and remedial mediation schemes, a request return is brought to court in complex situations, it is important to avoid contradictory decisions by the EU judges in the jurisdiction of the present and the former place of residence of the child and to allow careful analysis of the overall situation of the child. To this end, a “joint decision” reached through the active cooperation of specialised national courts within the EU is proposed. This involves special judicial training - with language and intercultural skills - for international family disputes.
Download or read book International Child Abduction written by Thalia Kruger and published by Bloomsbury Publishing. This book was released on 2011-08-03 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Cross border Parental Child Abduction in the European Union written by and published by . This book was released on 2015 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: Upon request by the European Parliament's Committee on Civil Liberties, Justice and Home Affairs (LIBE), this study aims at analysing the international, European and national legal framework applicable to cross-border parental child abduction, with a view to proposing recommendations for the improvement of the current system. In light of available statistics and case law, five recurrent scenarios giving rise to child abduction legal disputes have been identified. One common scenario is the wrongful removal of a child, which results in the reversal of the balance previously settled in a judicial decision for the exercise of parental rights. A judicial "fast track" through the "automatic" enforcement of foreign decisions on return prescribed by EU Regulation 2201/2003 can be said to have improved the regime of the existing Hague Convention on Child Abduction. In turn, case law shows that when child abduction takes the form of an "illegal transfer of a child{OCLCbr#D0}’s primary residence abroad" by the primary care-giver, national courts tend to explore more in-depth the "best interests of the child". The development of appropriate structures of mediation in order to organise the transfer of a child{OCLCbr#D0}’s residence abroad with one of the parents should prevent "abductions" and improve, in most cases, the relationship between the parents having joint responsibility for the child. In addition to a preventive mediation scheme, a remedial mediation scheme is proposed. If, despite the preventive and remedial mediation schemes, a request return is brought to court in complex situations, it is important to avoid contradictory decisions by the EU judges in the jurisdiction of the present and the former place of residence of the child and to allow careful analysis of the overall situation of the child. To this end, a "joint-decision" reached through the active cooperation of specialised national courts within the EU is proposed. This involves special judicial training - with language and intercultural skills - for international family disputes.
Download or read book Child Abduction within the European Union written by Katarina Trimmings and published by Bloomsbury Publishing. This book was released on 2013-03-20 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. This title is included in Bloomsbury Professional's Family Law online service.
Download or read book Cross Border Family Mediation written by Christoph C. Paul and published by Wolfgang Metzner Verlag. This book was released on 2023-10-17 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: Die 3. aktualisierte und erweiterte Auflage dieses Werks ist eine unverzichtbare Lektüre für erfahrene Familienmediatoren und alle anderen Fachleute, die mit grenzüberschreitenden Familienkonflikten und Kindesentführungsfällen zu tun haben. Eine Vielzahl von Beiträgen führender internationaler Expertinnen und Experten auf diesem Gebiet machen das Buch zu einer unschätzbaren Quelle, die unter anderem Folgendes bietet: Überblick über den einschlägigen internationalen Rechtsrahmen für solche Fälle Anleitung zu den besonderen Merkmalen grenzüberschreitender Familiensachen sowie den eingesetzten Methoden, Mediationsmodellen und Instrumenten Informationen zur Koordinierung der Mediation mit Gerichtsverfahren in Kindesentführungsfällen Leitlinien für die grenzüberschreitende Vollstreckbarkeit von im Mediationsverfahren geschlossenen Familienvereinbarungen Ansätze und bewährte Praktiken für die Mediation in Fällen mit (muslimischen) Ländern, die nicht dem Haager Übereinkommen angehören Informationen zur Einbeziehung der Stimme des Kindes in die Mediation, Online-Mediation, Zweisprachigkeit in der grenzüberschreitenden Mediation praktische Informationen und Ressourcen wie z.B. Fallstudien, Muster für Mediationsvereinbarungen und Gerichtsbeschlüsse, eine Vorlage für eine Gerichtsstandsvereinbarung, Checklisten, Links wichtiger Ansprechpartner und Texte der anwendbaren internationalen Rechtsinstrumente The 3rd updated and expanded edition of this reference book is indispensable reading for experienced family mediators and all other professionals involved in cross-border family conflicts and child abduction cases. A diverse range of contributions from leading international experts in the field make this an invaluable resource covering: an overview of the relevant international legal framework for such cases insight into the specific characteristics of cross-border family cases, the methodologies, mediation models and tools employed information on coordinating mediation with court proceedings in child abduction cases guidance on the cross-border enforceability of mediated family agreements family law trends and mediation in cases with non-Hague Convention (Muslim) countries the voice of the child, mediating online, bilingualism in mediation practical information and resources, such as case studies, sample mediation agreements and court orders, a template of a choice of court agreement, checklists, important contacts and applicable legal texts
Download or read book A Practical Guide to International Parental Child Abduction Law England and Wales written by Onyója Momoh and published by . This book was released on 2023-08-31 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download or read book The New Brussels II Regulation written by Nigel V. Lowe and published by Jordans Pub. This book was released on 2005 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt: The new Brussels II Regulation applies to persons who are either nationals, habitually resident, or domiciled in a member state of the European Community. It deals with issues concerning jurisdiction and recognition in respect of dissolution of marriage and parental responsibility. In relation to decisions regarding parental responsibility, the new regulation is much wider in scope than its predecessor, since it extends to measures for the protection of all children and is not limited to consideration of their interests in the context of matrimonial proceedings. This supplement to International Movement of Children: Law, Practice, and Procedure, the established authoritative text in the area, provides a comprehensive guide to the complexities of the new Brussels II Regulation, including detailed examination of jurisdictional matters, enforcement of access rights, and the revised rules governing international child abduction. The Appendices contain all relevant source material including the full text of the new Regulation.
Download or read book Children and the European Union written by Helen Stalford and published by Bloomsbury Publishing. This book was released on 2012-08-14 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Research Handbook on International Child Abduction written by Marilyn Freeman and published by Edward Elgar Publishing. This book was released on 2023-06-01 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt: With a focus on the 1980 Hague Convention, this cutting-edge Research Handbook provides a holistic overview of the law on international child abduction from prevention, through voluntary agreements and Convention proceedings, to post-return and aftercare issues.
Download or read book International Child Abduction written by Laura Cecilia Pividal Rodriguez and published by . This book was released on 2020 with total page 45 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Hague Convention on International Child Abduction written by Law Library Law Library of Congress and published by . This book was released on 2016-06-18 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: Of the seventy-nine jurisdictions (not including the United States) that are a party to the Hague Convention No. 28 as of May 4, 2004, the United States recognizes fifty-nine jurisdictions as a party; this series of comparative analyses includes reports on forty-nine of those fifty-nine jurisdictions. It also provides a detailed introduction, a discussion of the implications of relevant European Union regulation, analyses on two additional jurisdictions (Belarus and Georgia) not recognized as a party by the United States, a chart that provides the dates for entry into force for the eighty parties, a detailed bibliography, and the text of the Convention.The remaining ten jurisdictions recognized by the United States as a party that are not addressed in this report were omitted, because the Law Library did not have either the expertise on staff or the collections available to prepare a report, or because the party has done very little or nothing to implement the Hague Convention No. 28. Appendix A identifies those parties to the Hague Convention No. 28 that are not covered by this report. It is also important to note that the enclosed report on Denmark was not updated from our previous report of August 2000 because we no longer have a Nordic law specialist on staff.Finally, most reports contain Uniform Resource Locator (URL) references and citations to websites that are not part of the loc.gov domain. These URLs are provided to cite authority to the source of information that we have relied upon to prepare the report and as a convenience for the reader; however, some of these online references may link to subscription services not generally available to the public or may not be maintained by the originators.
Download or read book The Right to Family Life in the European Union written by Maribel González Pascual and published by Routledge. This book was released on 2016-12-19 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring the main developments and challenges for the right to family life in the context of European integration, this book examines the right to family life in the EU Charter of Fundamental Rights and the interplay between family life, citizenship, and free movement; it analyzes the combined impact of the EU and the European Convention on Human Rights on the concept of the family protected by the law in light of recent case law. Considering the broadening understanding of what constitutes family, the challenges for the right to family life in the context of immigration, and the protection of families and social rights it provides a comprehensive overview of the current state of family life in the European Union.
Download or read book Stone on Private International Law in the European Union written by Peter Stone and published by Edward Elgar Publishing. This book was released on 2018-07-27 with total page 967 pages. Available in PDF, EPUB and Kindle. Book excerpt: Within Europe the private international law rules have been harmonized to a very large extent by legislation adopted at EU level and case-law on the interpretation of this legislation. Recent developments include the entry into operation of revised versions of the Brussels I Regulation on civil jurisdiction and judgments and the Regulation on insolvency proceedings, as well as numerous decisions of the European Court and the English courts. The new edition of this authoritative work takes account of recent developments at both EU and UK levels.
Download or read book Free Movement of Civil Judgments in the European Union and the Right to a Fair Trial written by Monique Hazelhorst and published by Springer. This book was released on 2017-02-27 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the attainment of complete free movement of civil judgments across EU member states from the perspective of its conformity with the fundamental right to a fair trial. In the integrated legal order of the European Union, it is essential that litigants can rely on a judgment no matter where in the EU it was delivered. Effective mechanisms for cross-border recognition and the enforcement of judgments provide both debtors and creditors with the security that their rights, including their right to a fair trial, will be protected. In recent years the attainment of complete free movement of civil judgments, through simplification or abolition of these mechanisms, has become a priority for the European legislator. The text uniquely combines a thorough discussion of EU legislation with an in-depth and critical examination of its interplay with fundamental rights. It contains an over-view and comparison of both ECtHR and CJEU case law on the right to a fair trial, and provides a great number of specific recommendations for current and future legislation. With its critical discussion of EU Regulations from both a practical and a theoretical standpoint, this book is particularly relevant to legislators and policymakers working in this field. Because of the extensive overview of the functioning of the EU’s mechanisms and of relevant case law it provides, the book is also highly relevant to academics and practitioners. Monique Hazelhorst is Judicial Assistant at the Supreme Court of the Netherlands. She studied Law and Legal Research at Utrecht University and holds a Ph.D. in Law from the Erasmus School of Law at Erasmus University Rotterdam.
Download or read book Jurisdiction Recognition and Enforcement in Matrimonial and Parental Responsibility Matters written by Cristina González Beilfuss and published by Edward Elgar Publishing. This book was released on 2023-07-01 with total page 813 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
