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1 KBW on International Child Abduction

1 KBW on International Child Abduction

  • 作者:
  • 出版商: Bloomsbury Professional (formerly Tottel Publishing)
  • ISBN: 9781526512826
  • 出版时间 October 2020
  • 规格: Paperback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only

List Price: ¥1,148.55

¥1,114.09 Save ¥34.46 (3%)

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  • 描述 
  • 大纲 
  • 详细

    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.

    The book 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.

  • 1. Introduction and overview of:
    (i) the key pieces of legislation, Regulations and Conventions
    (ii) the rules of jurisdiction, and
    (iii) the role of Central Authorities
    SECTION A: THE 1980 HAGUE CONVENTION
    2. The structure and aims of the 1980 Convention
    3. Wrongful removals and retentions and rights of custody
    4. Habitual Residence
    5. Consent and acquiescence
    6. Grave risk of harm
    7. The voice of the child and the child objections exception
    8. Settlement
    9. Article 11 of Brussels II Revised
    SECTION B: ABDUCTION OUTSIDE THE 1980 HAGUE CONVENTION
    10. The inherent jurisdiction of the court
    11. The 1996 Hague Convention
    12. Brussels II Revised
    SECTION C: PRACTICE AND PROCEDURE
    13. Procedure for incoming and outgoing applications [this may be split into two chapters]
    14. Locating children and preventing further abduction
    15. Enforcement of orders
    16. Appeal procedure
    The authors also propose to include precedents for court orders and a section providing a list of key contact information (such as details of Central Authorities in other jurisdictions).
    Key legislation to be covered:
    The 1980 Hague Convention on the Civil Aspects of International Child Abduction
    Council Regulation (EC) No 2201/2003 ('Brussels II Revised')
    The 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children
    The Child Abduction and Custody Act 1985
    The Family Law Act 1986

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