The Hague Convention on International Child Abduction by Peter McEleavyThe Hague Convention on International Child Abduction by Peter McEleavy

The Hague Convention on International Child Abduction

byPeter McEleavy, Aude Fiorini

Hardcover | January 14, 2019

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The first edition of The Hague Convention on International Child Abduction was recognized by the United States Court of Appeals for the Ninth Circuit in the key judgement Mozes v. Mozes as "the leading treatise on the Convention". The second edition of The Hague Convention on International Child Abduction fully revises and updates the classic first edition, providing a distinct analysis and evaluation of the Convention as a global remedy for international child abductions, as well as offering the most comprehensive andauthoritative examination of the core provisions that give rise to problems of interpretation and application in practice. Part I will be of interest to all readers seeking a deeper theoretical understanding of the instrument and the role it plays within the overall context of resolving child abductions. It leads readers to an assessment of whether the summary return mechanism remains a viable solution and whether theConvention will be able to endure into the coming decades.Part II draws on the strengths of the first edition in subjecting the core provisions and concepts of the Convention to a comparative analysis. Examples are drawn primarily from English language case law, but reference is also made to civil law jurisprudence. Part II will be of particular interestto practitioners specialising in international child abduction cases.
Peter McEleavy is Professor of International Family Law at the University of Dundee and a qualified barrister in England and Wales and Nothern Ireland. He has provided evidence and advice to courts and governments on matters of international family law and has written extensively on the subject. Aude Fiorini is Senior Lecturer at the U...
Title:The Hague Convention on International Child AbductionFormat:HardcoverDimensions:480 pages, 9.21 × 6.14 × 0.03 inPublished:January 14, 2019Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199590346

ISBN - 13:9780199590346

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Table of Contents

Part I: The 1980 Hague Convention - An Enduring Solution?1. Evaluating the Problem of International Child Abduction2. Responding to International Child AbductionsPart II: The Operation of the Hague ConventionA. The Summary Return Mechanism3. Habitual Residence4. The Concepts of Removal and Retention5. Rights of CustodyB. Exceptions to a Return Order6. Consent and Acquiescence7. Grave Risk of Harm8. Objections of the Child9. Settlement10. Protection of Fundamental Rights11. Protective MeasuresC. Rights of Access12. Can Rights of Access be Protected by the Hague Convention?D. Brussels II bis13. The Treatment of Child Abductions Within the European UnionE. Issues of Interpretation14. Promoting Uniform Interpretation of a Global InstrumentF. The Hague Convention in Practice15. Promoting Best PracticeConclusions

Editorial Reviews

"... this book provides a wealth of information from both the social and legal points of view ... this text should be a standard referencee work in regards to the Hague Convention on International Child Abduction." --Mediterranean Journal of Human Rights