Return of a child under the 1980 Hague child abduction convention to a ‘third state’?

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International Conceptions of the Family

This article examines the evolving way the ‘family’ and ‘family life’ have been understood in international and regional human rights instruments, and in the case law of the relevant institutions. It shows how the various structural components which are considered to constitute those concepts operate both between relevant adults and between adults and children. But it also shows that important normative elements, in particular, anti-discrimination norms, operate both to undermine the perception of some structures as constituting ‘family’, and to modify those structures themselves. This raises the question how far human rights norms should be seen as protecting family units in themselves or the individual members that constitute them. Key words Human rights – family – family life – gender discrimination – marriage – same-sex relationships - parental relationships – violence against wome

Intersection between Domestic Violence and International Parental Child Abduction : Protection of Abducting Mothers in Return Proceedings

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The Hague Convention on the Recognition of Divorces and Legal Separations 1970 : An Effective Mechanism for Regulating Divorce as between the UK and EU Post-Brexit?

Article based on research undertaken as part of project entitled ‘Protection of international families with links to the European Union post-Brexit: Collaborative Scotland-EU partnership’ and funded by the Royal Society of Edinburgh (PI: Prof Katarina Trimmings). More information is available at https://www.abdn.ac.uk/law/research/centre-for-private-international-law/protection-of-international-families-with-links-to-the-european-union postbrexit-1439.php.Peer reviewe

Domestic Violence and Parental Child Abduction

This book addresses the issue of mothers who, fleeing from domestic violence, take their children with them and thus become liable for international child abduction. It examines how protection measures can help the abducting mother in this context, with a special focus on 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, which allow cross-border circulation of protection measures

THE 1996 HAGUE CONVENTION ON INTERNATIONAL CHILD PROTECTION IN THE UK POST-BREXIT : FOCUS ON JURISDICTION AND RECOGNITION AND ENFORCEMENT

This article is submitted with a view to being part of the special issue ‘Protection of international families with links to the EU post-Brexit’. This article is based on research undertaken as part of project entitled ‘Protection of international families with links to the European Union post-Brexit: Collaborative Scotland-EU partnership’ and funded by the Royal Society of Edinburgh (PI: Prof Katarina Trimmings). More information is available at https://www.abdn.ac.uk/law/research/centre-for-private-international-law/protection-of-international-families-with-links-to-the-european-union-postbrexit-1439.phpPeer reviewe

Transfer of Jurisdiction and the Best Interests of the Child

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The intra-EU child abduction regime : necessity or caprice? : empirical study of the effectiveness of child abduction provisions in the Brussels IIBis regulation : the added value of the new intra-EU child abduction regime

The key instrument providing for a worldwide regulation of international parental child abduction has long been the Hague Convention of 25 October 1980 on the Civil Aspects of International Child.  The Convention has been in force since 1983 and has proved a phenomenal success. Within the European Union, the operation of the 1980 Convention has been modified by certain provisions of the Council Regulation (EC) No. 2201/2003 of 27 November 2003 concerning Jurisdiction and the Recognition and Enforcement of Judgements in Matrimonial Matters and the Matters of Parental Responsibility, repealing Regulation (EC) No. 1347/2000.  The Regulation entered into force on 1 March 2005 and applies to child abduction cases between the EU Member States except for Denmark.  This regional instrument aims at creating even more ambitious rules on child abduction by imposing stricter obligations to assure the prompt return of a child. Despite the ambitious goal of strengthening the deterrence of child abduction within the borders of the Union, the new child abduction regime did not receive a warm welcome by commentators. The thesis aims at critically evaluating the evolution of the new intra-EU child abduction regime, and examining to what extent the European Union complied with its standards of good legislative drafting during the negotiations on the Brussels IIbis Regulation.  It also seeks to demonstrate that there was no real legal need for the involvement of the European Union in the area of child abduction, and tightening the 1980 Hague Convention return mechanism. Not less importantly, the thesis aspires to reveal how effectively the new return mechanism operates and what are the points of concern in respect to the functioning of the new child abduction scheme.EThOS - Electronic Theses Online ServiceGBUnited Kingdo