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1 KBW on International Child Abduction

1 KBW on International Child Abduction

Author: Richard Harrison QC; Jennifer Perrins
Publisher: Bloomsbury Professional (formerly Tottel Publishing)
ISBN: 9781526512826
Published In: October 2020
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 1,235.00

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Description
Contents

Details
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