The Hague Convention on International Child Abduction
Series: Oxford Private International Law Series;
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Product details:
- Publisher OUP Oxford
- Date of Publication 9 September 1999
- ISBN 9780198260646
- Binding Hardback
- No. of pages368 pages
- Size 242x161x24 mm
- Weight 650 g
- Language English 0
Categories
Short description:
The Hague Child Abduction Convention has proved to be one of the most widely ratified treaties ever agreed at the Hague Cbar2001ce on Private International Law. This book provides a much needed systematic analysis of the way in which the Convention has been applied in England and Scotland, with extensive reference also to the case law of Australia, Canada, France, New Zealand and the United States. All the key provisions and terms of the Convention are thoroughly explored. The book also provides broader insights into the role of the Hague Conference and the use of habitual residence as a correcting factor. The United States Court of Appeals for the Ninth Circuit has described the book as 'the leading treatise on the Convention' (Mozes v. Mozes, 9 January 2001).
MoreLong description:
The Hague Child Abduction Convention has proved to be one of the most widely ratified treaties ever agreed at the Hague Conference on Private International Law. This book provides a much needed systematic analysis of the way in which the Convention has been applied in England and Scotland, with extensive reference to the case law of Australia, Canada, France, New Zealand and the United States. All the key provisions and terms of the Convention are thoroughly explored. The book also provides broader insights into the role of the Hague Conference and the use of habitual residence as a correcting factor.
The aim of the Oxford Monographs in Private International Law series, edited by Peter Carter QC, is to publish works of quality and originality in a number of important areas of private international law. The series in intended for both scholarly and practitioner readers.
Written in a clear and elegant style, this monograph accomplishes its goals of presenting the convention in its practical and theoretical aspects, drawing on a broad spectrum of sources, both judicial and academic, in an international perspective. The Oxford series has set a very high standard, and Beaumont & McEleavy have certainly lived up to it.
Table of Contents:
General Editor's Preface
Preface
Table of Cases
Table of Legislation
Introduction
Sociological Review and Analysis of International Child Abduction
The Evolution of an International Convention: The Hague Model
Aims
Removal and Retention
Rights of Custody
Habitual residence
Article 13(1)(a): Has the Dispossessed Parent Consented or Subsequently Acquiesced in the Removal or Retention?
The Protection of Children where a return may result in Harm: Article 13(1)(b), Undertakings & Article 20
The Right of a Mature Minor to object to a Return: Article 13
Article 12(2): The Child is now settled in its New Environment
Rights of Access
Relationship of the Hague Convention with Other International Instruments
Interpretation
The Child Abduction Convention in Practice
Conclusions
Appendix 1: English and French Text of the Convention
Appendix 2: Table of Ratifications and Accessions
Appendix 3: Hague Convention Statistics
Index
