International Movement of Children

Law, Practice and Procedure

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Published:
December 2003
Edition:
1st
Format:
Hardback
ISBN:
978 0 85308 725 0
Author:
Mark Everall, Nigel Lowe, Michael Nicholls
Category:
Family

Written from a UK perspective, by three of the UK's leading child abduction specialists, this book is the most authoritative and comprehensive text available on this highly complex and technical topic.

The book deals with both lawful movement and abduction of children into and out of the UK, including full coverage of the criminal law. 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.

The title will be invaluable to family law practitioners as well as to the police, local authorities and all government officials working in this area.

His Honour Judge Mark Everall QC and Michael Nicholls, both at 1 Hare Court, Temple
Nigel Lowe, Professor of Law, Cardiff Law School, University of Wales

JURISDICTION

  • Introduction and general jurisdictional concepts
  • The background to the family law act 1986 and the council regulation
  • The family law act 1986
  • The current bases of jurisdiction in England and Wales
  • International child custody jurisdiction in The United States 

THE LAWFUL MOVEMENT OF CHILDREN

  • Introduction to part II
  • Restraints on removal
  • International relocation: applications for leave to remove from England and Wales
  • International relocation: the position in some other jurisdictions 

THE UNLAWFUL MOVEMENT OF CHILDREN

  • Preventing child abduction
  • Tracing an abducted child
  • Children abducted within the British Isles
  • International abductions: Hague abduction convention: introduction and history
  • International abductions: Hague abduction convention: central authorities
  • International abductions: Hague abduction convention: convention concepts
  • International abductions: Hague abduction convention: declaratory relief
  • International abductions: Hague abduction convention: the obligation to return: article 12(1)
  • International abductions: Hague abduction convention: the exceptions to the obligation to return
  • International abductions within the European Union: recognition and enforcement under Brussels II
  • International abductions: the European custody convention
  • International abductions: non-convention countries
  • International abductions: practice and procedure in England and Wales
  • International abductions: practice and procedure for dealing with incoming applications for return in selected other jurisdictions
  • International abductions: bi-lateral arrangements between states
  • The 1996 Hague convention on the protection of children 

INTERNATIONAL ACCESS

  • International Access 

APPENDICES

  • Legislation
    • Domestic legislation
    • International instruments
  • Sources of further information
  • Protocols and guidance
  • Precedents for England and Wales

"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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