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Author: Publisher: Jordan Publishing (GB) ISBN: 9781846611414 Category : Parental relocation (Child custody) Languages : en Pages : 0
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: Publisher: Jordan Publishing (GB) ISBN: 9781846611414 Category : Parental relocation (Child custody) Languages : en Pages : 0
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: Thomas John Publisher: Edward Elgar Publishing ISBN: 1788976509 Category : Law Languages : en Pages : 544
Book Description
This comprehensive Companion is a unique guide to the Hague Conference on Private International Law (HCCH). Written by international experts who have all directly or indirectly contributed to the work of the HCCH, this Companion is a critical assessment of, and reflection on, past and possible future contributions of the HCCH to the further development and unification of private international law.
Author: Rhona Schuz Publisher: A&C Black ISBN: 1782253084 Category : Law Languages : en Pages : 530
Book Description
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.'
Author: Sarah Vigers Publisher: Bloomsbury Publishing ISBN: 1847318657 Category : Law Languages : en Pages : 111
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: Barbara Stark Publisher: Routledge ISBN: 1317043111 Category : Law Languages : en Pages : 422
Book Description
Globalisation, and the vast migrations of capital and labour that have accompanied it in recent decades, has transformed family law in once unimaginable ways. Families have been torn apart and new families have been created. Borders have become more porous, allowing adoptees and mail order brides to join new families and women fleeing domestic violence to escape from old ones. People of different nationalities marry, have children, and divorce, not necessarily in that order. They file suits in their respective home states or third states, demanding support, custody, and property. Otherwise law-abiding parents risk jail in desperate efforts to abduct their own children from foreign ex-spouses. The aim of this Handbook is to provide scholars, postgraduate students, judges, and practioners with a broad but authoritative review of current research in the area of International Family Law. The contributors reflect on a range of jurisdictions and legal traditions and their approaches vary. Each chapter has a distinct subject matter and was written by an author who was invited because of his or her expertise on that subject. This volume provides a valuable contribution to emerging understandings of the subject.
Author: Nikos Lavranos Publisher: BRILL ISBN: 9004244689 Category : Law Languages : en Pages : 368
Book Description
The title of the 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 Yearbook’s aim of devoting attention to developments taking place in the international law institutions based in The Hague. However, the Yearbook has a broader scope as well: to offer a platform for review of new developments in the field of international law. As of the 2010 Volume, the Yearbook will be compiled by a new and expanded Editorial Board, offering fresh ideas and a new approach. A newly established Advisory Board has also been added, including ICJ Judge Bruno Simma, Serge Brammertz, Prosecutor of the International Criminal Tribunal for the Former Yugoslavia (ICTY), Jacomijn J. van Haersolte-van Hof, advocate (advocaat) at HaersolteHof and arbitrator (The Netherlands) and Professor Peter Hilpold, Innsbruck University (Austria). Sections have been created on public international law, private international law, international investment law and international criminal law, containing in-depth articles on current issues. The breadth of the Yearbook’s content thus offers an interesting and valuable illustration of the dynamic developments in the various sub-areas of international law.
Author: John Eekelaar Publisher: Routledge ISBN: 1000096505 Category : Law Languages : en Pages : 570
Book Description
Changes in family structures, demographics, social attitudes and economic policies over the last 60 years have had a large impact on family lives and correspondingly on family law. The Second Edition of this Handbook draws upon recent developments to provide a comprehensive and up-to-date global perspective on the policy challenges facing family law and policy round the world. The chapters apply legal, sociological, demographic and social work research to explore the most significant issues that have been commanding the attention of family law policymakers in recent years. Featuring contributions from renowned global experts, the book draws on multiple jurisdictions and offers comparative analysis across a range of countries. The book addresses a range of issues, including the role of the state in supporting families and protecting the vulnerable, children’s rights and parental authority, sexual orientation, same-sex unions and gender in family law, and the status of marriage and other forms of adult relationships. It also focuses on divorce and separation and their consequences, the relationship between civil law and the law of minority groups, refugees and migrants and the movement of family members between jurisdictions along with assisted conception, surrogacy and adoption. This advanced-level reference work will be essential reading for students, researchers and scholars of family law and social policy as well as policymakers in the field.
Author: Andrea Bonomi Publisher: Walter de Gruyter ISBN: 3866539487 Category : Law Languages : en Pages : 697
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
Author: Jens M. Scherpe Publisher: Edward Elgar Publishing ISBN: 1785363018 Category : Law Languages : en Pages : 373
Book Description
The Impact of Institutions and Organisations on European Family Law looks at the impact that institutions and organisations have had, and continue to have, on European family law. In many ways the chapters in this volume provide the easiest explanation for the existence of a European family law. While there is no European body that could actually legislate definitively on family law – even the European Union has no such mandate – there are still some obvious institutions that have a very direct impact on European family law. These can be divided into two groups; namely those that have a direct impact, such as the European Court of Human Rights and the European Union, and those that have an indirect impact, such as the Commission on European Family Law (CEFL), the Council of Europe and the International Commission on Civil Status (ICCL/CIEC) as well as the private international law instruments of the Hague Conference (HCCH) and the EU. Together, with religion, all of these institutions are contributing to the creation of a European family law. This book, and the others in the set, will serve as an invaluable resource for anyone interested in family law. It will be of particular use to students and scholars of comparative and international family law, as well as family law practitioners.
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Author: Thomas John
Author: Rhona Schuz
Author: Sarah Vigers
Author: Barbara Stark
Author: Nikos Lavranos
Author: John Eekelaar
Author: Andrea Bonomi
Author: Jens M. Scherpe