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1KBW on International Child Abduction

By: Richard Harrison QC, Nicholas Anderson, Jennifer Perrins, Katy Chokowry, Samantha Ridley, Thomas Dance, Elle Tait
Media of 1KBW on International Child Abduction
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Published: 13-08-2020
Format: Paperback
Edition: 1st
Extent: 304
ISBN: 9781526512826
Imprint: Bloomsbury Professional
Series: 1 KBW on
Dimensions: 248 x 156 mm
RRP : £80.00
 

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Loren Epson

About 1KBW on International Child Abduction

International child abduction is a distinct field of practice within the family law sphere. It is a topic that requires specialist knowledge of a large body of case-law. It also requires an understanding of several international regulations and treaties.

In addition to cases that are governed by our international reciprocal arrangements, there are also some cases, usually described as 'non-Hague Convention abductions', which concern abductions to or from non-Member States of the above instruments. Such cases present their own specific complications and are subject to their own line of legal authority.

The majority of international child abduction cases take place in the High Court, and practitioners in this area therefore also need to have good practical knowledge of High Court practice and procedure. This includes issues such as how to make urgent without notice applications, the criteria to apply for different types of Tipstaff orders, and when to seek specific orders for disclosure to assist in tracing a child.

Most family solicitors encounter child abduction cases from time to time, but only a relatively small number are specialists in this field. This title provides a practical and accessible guide to the subject which can be used as a reference tool by all family practitioners, but which is also sufficiently detailed to be of use to those who specialise in this area.

It includes relevant statutory and other materials, so that practitioners can take the book to court and have all the tools needed for day-to-day practice in one place. In addition to general commentary there are flow charts explaining procedural steps to be undertaken and diagrams summarising key cases.

Table Of Contents

1. Introduction and overview of: (i) the key pieces of legislation, Regulations and Conventions; (ii) the rules of jurisdiction; (iii) and 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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