International Movement of Children: Law, Practice and Procedure, 2nd Edition

Family Law

International Movement of Children: Law, Practice and Procedure, 2nd Edition

Edited by Nigel Lowe · Michael Nicholls
Family Law LexisNexis December 2016

Specifications

ISBN-13
9781846612466
Publisher
Family Law LexisNexis
Publication
December 2016
Format
Hardback
Jurisdiction
International ? Countri(es) for reference only

Details

This fully updated title deals with both lawful movement and abduction of children into and out of the UK, including coverage of the criminal law, international adoption and surrogacy.

It contains information and case-law from important overseas jurisdictions to enable practitioners to advise parents of abducted children on the likely responses of foreign courts.

Also included are relevant source materials and precedents as well as full details of central authorities and other relevant agencies both in the UK and abroad.

Table of Contents

  1. Introduction and summary of the major international instruments involved when dealing with cross-border issues concerning children
  2. Jurisdiction and applicable law
  3. The Revised Brussels II Regulation: Introduction, background, scope and interpretation
  4. Jurisdiction in matters of maternal responsibility governed by the Revised Brussels II Regulation
  5. Jurisdiction and the applicable law in cases governed by the Hague Protection Convention
  6. Jurisdiction under the Family Law Act 1986
  7. The application of wardship and the inherent jurisdiction of the high court
  8. Recognition and enforcement of judgements under the Revised Brussels II Regulation
  9. Recognition and enforcement of judgements under the Hague Protection Convention
  10. Recognition and enforcement of judgements under the European Custody Convention
  11. Recognition and enforcement of orders under the Family Law Act 1986
  12. International Child Custody Jurisdiction in the United States
  13. International relocation of children
  14. Placing children abroad - the Application of Article 56 of the Revised Brussels II Regulation and Article 33 of the Hague Protection Convention
  15. Preventing child abduction
  16. Tracing an abducted child
  17. The Hague Abduction Convention: Introduction and history
  18. The Hague Abduction Convention: Central authorities
  19. The Hague Abduction Convention: Convention concepts
  20. The Hague Abduction Convention: Declaratory relief
  21. The Hague Abduction Convention: The obligation to return a child
  22. The Hague Abduction Convention: Exceptions to the obligation to return a child - the Article 12 Exception
  23. The Hague Abduction Convention: Exceptions to the obligation to return a child - the Article 13(a) Exceptions
  24. The Hague Abduction Convention: Exceptions to the obligation to return a child - the Article 13(b) Exception
  25. The Hague Abduction Convention: Exceptions to the obligation to return a child - the Child's Objection Exception
  26. The Hague Abduction Convention: Exceptions to the obligation to return a child - the Article 20 Exception Enforcement 
  27. The application of the Revised Brussels II Regulation to international child abduction
  28. The application of the Hague Protection Convention to international child abduction
  29. Recovering children brought to England and Wales from a Non-Convention country
  30. Recovering children taken from England and Wales to a Non-Convention country
  31. The role of Children in abduction proceedings
  32. International abduction - Practice and procedure in England and Wales
  33. International access
  34. International aspects of adoption
  35. International aspects of surrogacy

About the Author

Michael Nicholls, both at 1 Hare Court, Temple
Nigel Lowe, Professor of Law, Cardiff Law School, University of Wales

Reviews

"It has all the hallmarks of a book destined to become a practitioners Bible. Highly recommended"
New Law Journal 

"an essential reference guide for all family law practitioners" 
ChildRIGHT

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