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Care Proceedings in England with an International Element: An Empirical Study

Care Proceedings in England with an International Element: An Empirical Study

Author: Maria Sofia Wright
Publisher: Hart Publishing
ISBN: 9781509977307
Published In: October 2025
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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Presenting the findings of a study of 100 care cases, this book provides rigorous analysis of how jurisdictional issues are determined and how information sharing of child protection operates across borders.

It draws on the first empirical study of the operation of private international law instruments (Brussels IIa and the 1996 Hague Convention) in care proceedings in England. It also illustrates how prospective carers are assessed and the routes which are used to secure legal permanence for children living overseas. In so doing, it identifies all the ways in which children's welfare interests are compromised in the cross-border context. But it does suggest solutions: identifying how private international law instruments, their interpretation and application, should be improved to promote the best interests of children.

This is an impressive work, which will be invaluable to both scholars and practitioners.

Foreword

Acknowledgements

Table of Abbreviations

Tables of Cases

Tables of Legislation

Chapter 1. Introduction

I. Structure and Methodology

Chapter 2. Private International Law and the Regulation of State Child Protection Measures

I. The Boll Case and the 1902 Guardianship Convention

II. The Convention Concerning the Powers of Authorities and the Law Applicable in Respect of the Protection of Infants 1961

III. The 1996 Hague Convention

IV. The Development of Brussels IIa

V. Conclusion

Chapter 3. Forum Issues in Care Proceedings

I. Introduction – Jurisdiction and Welfare under BIIa/HC96

II. The Welfare Impact of Jurisdictional Decisions.

III. Jurisdictional Decisions and Eekelaar's 'Direct' and 'Indirect' Welfare Paradigm

IV. Transfers of Jurisdiction and Best Interests

V. Determinations of Habitual Residence and Best Interests

VI. Jurisdiction and Families Fleeing Care Proceedings

VII. Jurisdiction in Care Proceedings which do not engage Brussels IIa and 1996 Hague Convention

VIII. Conclusion: Jurisdiction and Welfare

Chapter 4. Practice and Permanence in Care Proceedings with an International Element

I. Introduction

II. Permanence

III. Changing Approaches to Permanence – Policy, Practice and Reforms

IV. Kinship Care: Inadequate Assessments and Untested Placements

V. Conclusion

Chapter 5. Findings on The Operation of Jurisdictional Rules in BIIa / HC96 in Care Proceedings

I. Introduction

II. 'Framing' a Case as Having an International Element

III. Identifying and Exploring Jurisdictional Issues

IV. Jurisdictional Arguments, Litigation Strategies, Decisions which Impact on Welfare

V. Summary Conclusions: Jurisdiction in Care Proceedings

Chapter 6. Findings on Requesting and Exchanging Child Protection Information in Care Proceedings

I. Introduction

II. Information about Prior Child Protection Interventions Overseas

III. Communicating Child Protection Concerns in 'Known Flight' Cases

IV. Communicating Child Protection Concerns in 'Unknown Flight' or 'Planned Relocation' Cases

V. Exchanging Child Protection Information: Comparison with Domestic Cases

VI. Summary Conclusions: Co-Operation to Exchange Child Protection Information

Chapter 7. Findings on Overseas Assessments in Care Proceedings

I. Overseas Assessments: Domestic Context

II. Overseas Assessments: Which Method?

III. Deciding Whether to Conduct and Overseas Kinship Assessment

IV. Adequacy of Overseas Assessments

V. Assessing a Prospective Kinship Carer's Relationship with the Child

VI. 'Top-Up' Assessments by Social Workers Travelling Overseas: 'One of our own'.

VII. Family Members Travelling to the UK for 'Top-Up' Assessments

VIII. 'Testing' an Overseas Kinship Placement

IX. Summary Conclusions: Overseas Assessments

Chapter 8. Findings on Overseas Kinship Placements

I. Introduction

II. Consent to Place a Child in a BIIa/HC96 State.

III. Securing Legal Permanence Overseas: Recognition and Enforcement under BIIa/HC96 and Mirror Orders

IV. Conclusion

Chapter 9. Conclusions and Recommendations

Appendix: Sample Description

I. The Index Child – Age and Gender as Recorded.

II. Mothers and Fathers

III. Family Composition

IV. Siblings

V. Family Residence

VI. Ethnicity

VII. Family Nationality

VIII. Family Immigration Status

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