The Hague Convention on International Child Abduction

by McEleavy, Peter; Fiorini, Aude

• ISBN13: 9780199590346
• ISBN10: 0199590346
• Edition: 2nd
• Format: Hardcover
• Copyright: 2021-08-14
• Publisher: Oxford University Press

Summary

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 and authoritative 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 the Convention 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 interest to practitioners specializing in international child abduction cases.

Author Biography

Peter McEleavy, Professor of International Family Law, School of Law, University of Dundee,Aude Fiorini, Senior Lecturer, School of Law, University of Dundee

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 University of Dundee School of Law. She has written extensively on matters of private international law and comparative law and since 1999 has been the civil law editor of INCADAT.

Table of Contents

Part I: The 1980 Hague Convention - An Enduring Solution?
1. Evaluating the Problem of International Child Abduction
2. Responding to International Child Abductions
Part II: The Operation of the Hague Convention
A. The Summary Return Mechanism
3. Habitual Residence
4. The Concepts of Removal and Retention
5. Rights of Custody
B. Exceptions to a Return Order
6. Consent and Acquiescence
7. Grave Risk of Harm
8. Objections of the Child
9. Settlement
10. Protection of Fundamental Rights
11. Protective Measures
C. Rights of Access
12. Can Rights of Access be Protected by the Hague Convention?
D. Brussels II bis
13. The Treatment of Child Abductions Within the European Union
E. Issues of Interpretation
14. Promoting Uniform Interpretation of a Global Instrument
F. The Hague Convention in Practice
15. Promoting Best Practice
Conclusions