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Domestic Violence and Parental Child Abduction: The Protection of Abducting Mothers in Return Proceedings

Domestic Violence and Parental Child Abduction: The Protection of Abducting Mothers in Return Proceedings

Author: Katarina Trimmings; Anatol Dutta; Costanza Honorati; Mirela Zupan
Publisher: Larcier Intersentia Publishers
ISBN: 9781839702457
Published In: July 2022
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 997.50

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This book focuses on the protection of abducting mothers who have been subject to return proceedings under the 1980 Hague Abduction Convention and the Brussels IIa Regulation, in circumstances where the child abduction has been motivated by acts of domestic violence from the left-behind father.

The utility of Regulation 606/2013 on mutual recognition of protection measures in civil matters and Directive 2011/99/EU on the European Protection Order, and how protection measures can be used to protect abducting mothers, are examined within this context. Both instruments allow cross-border circulation of protection measures but, so far, have not attracted much attention in practice. This book aims to fill that gap.

Domestic Violence and Parental Child Abduction is the culmination of the POAM (Protection of Abducting Mothers in Return Proceedings) project, a collaborative research project conducted between 2019 and 2021. It presents and analyses the findings of the project and brings together contributions by the project partners, as well as by other renowned experts. The book also presents a Best Practice Guide developed for the application of Regulation 606/2013 and Directive 2011/99/EU in child abduction cases committed against the background of domestic violence.

The book offers a unique perspective on the problem of international parental child abductions committed against the background of domestic violence. Given its practical focus, it will appeal not only to an academic audience but also to judges, legal practitioners and other professionals working in the area of parental child abduction.

PART I. CROSS-BORDER PROTECTIVE MEASURES IN THE EU: WEAKNESSES OF THE CURRENT REGIME

The Cross-Border Circulation of Protection Measures under Regulation 606/2013

Cross-Border Recognition under Directive 2011/99/EU

PART II. PROTECTIVE MEASURES IN THE CONTEXT OF INTERNATIONAL PARENTAL CHILD ABDUCTION

Domestic Violence as an Aspect of 1980 Hague Child Abduction Convention Return Proceedings

The Need for Cross-Border Protective Measures in Return Proceedings

The Law Applicable to Cross-Border Protective Measures In and Outside of Return Proceedings: Do All Roads Lead to the Lex Fori?

Implementation of Cross-Border Protective Measures in Return Proceedings: Problems of Evidence under National Procedural Law

Jurisdiction to Take Protective Measures in the State of Refuge in Child Abduction Cases

The Cross-Border Circulation of Civil Protective Measures Issued in the Context of Return Proceedings

The Potential Role of Regulation 606/2013 in Protecting the Abducting Parent in Return Proceedings

Protective and Return-Seeking Parents: The Power of Language in Child Abduction Law

Best Practice Guide on the Protection of Abducting Mothers in Return Proceedings

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