מעודכן ל: 12.9.2023
Parental Abduction
Parental kidnapping
Child Abduction
מורן שמואל הגירה וחטיפת ילדים: היבטיים משפטיים ופסיכולוגיים (2003).
Child Abduction Within the European Union by
The first part of the book critically evaluates the evolution of the separate intra-EU child abduction regime and examines the extent to which the European Union complied with its standards of good legislative drafting during the negotiations on the Brussels II bis Regulation. It seeks to demonstrate that there was no real legal need for the involvement of the European Union in the area of child abduction and for the tightening of the 1980 Hague Abduction Convention return mechanism. The second part of the book presents findings of a statistical survey into the operation of child abduction provisions of the Brussels II bis Regulation in the first year of the functioning of the instrument and reveals how effectively the intra-EU return mechanism operated in that year. Based on the findings of the statistical survey, the book identifies and discusses a number of points of concern in respect of the functioning of the new child abduction scheme. Finally, the book investigates whether the Brussels II bis Regulation has added any value in the area of child abduction.
Domestic Violence and Parental Child Abduction: The Protection of Abducting Mothers in Return Proceedings by
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 Hague Child Abduction Convention: A Critical Analysis by
International child abduction is one of the most emotionally charged and fascinating areas of family law practice. The 1980 Hague Convention on the Civil Aspects of International Child Abduction was the response of the international community to the increase in the phenomenon of parental child abduction. However, behind the widely acclaimed success of this Convention - which has now been ratified by more than 90 states - lie personal tragedies, academic controversy and diplomatic tensions.The continuing steady flow of case-law from the various Member States has resulted in the emergence of different approaches to the interpretation of key concepts in the Convention. In addition, over the years other global and regional legal instruments and the recommendations of the Special Commissions have had an impact on the implementation of the Convention. This book brings together all these strands and provides an up-to-date, clear and highly readable discussion of the international operation of the Abduction Convention together with in-depth critical academic analysis in light of the objectives of the Convention and other relevant legal norms, such as the 1989 UN Convention on the Rights of the Child. Throughout the book, examples are brought from case law in many jurisdictions and reference is made to relevant legal and social science literature and empirical research. Over the past decade, increasing focus has been placed on what might be seen as procedural issues, such as separate representation for children, undertakings, judicial liaison and mediation. The book analyses the significance of these developments and the extent to which they can help resolve the continuing tension between some of the objectives of the Convention and the interests of individual children. This book will be essential reading for judges, practitioners, researchers, students, policy-makers and others who are seeking a critical and informed analysis of the latest developments in international abduction law and practice.From the Foreword by Brenda Hale, Justice of the Supreme Court of the United Kingdom'This book is, as far as I am aware, the first scholarly monograph to study the interpretation and application of the Convention across the whole legal space which it occupies and to critically assess these in light of the object and purposes of the Convention and other relevant legal norms. Cases are drawn from many jurisdictions to discuss how different countries interpret the Convention and links are made with relevant statistical, social and psychological research in a thoughtful discussion of the significance of such material both to judicial decision-making and to policy development...a study which deserves to be read by anyone with an interest in the modern phenomenon of international child abduction, whether judge, practitioner, policy-maker, parent, researcher or scholar. There is plenty for us all to think about.'
Jurisdictional Exceptionalisms: Islamic Law, International Law and Parental Child Abduction by
Jurisdictional Exceptionalisms examines the legal issues associated with a parent's forced removal of their children to reside in another country following relationship dissolution or divorce. Through an analysis of Public and Private International Laws, and Islamic law - historical and as implemented in contemporary Muslim Family Law States - the authors uncover distinct legal lexicons that centre children's interests in premodern Islamic legal doctrines, modern State practice, and multilateral conventions on children. While legal advocates and policy makers pursue global solutions to parental child abduction, this volume identifies fundamental obstacles, including the absence of shared understandings of jurisdiction. By examining the relevant law and practice, the study exposes the polarised politics embedded in the technical legal rules on jurisdiction. Presenting a new, innovative method in comparative legal history, the book examines the beliefs, values, histories, doctrines, institutions and practices of legal systems presumed to be in conflict with one another.
Taken : The Crime of Parental Child Abduction by
Family abduction is the most prevalent form of child abduction in the United States. Regardless of the abductor's motive, it is an illegal act that has lasting consequences for the abducted child, the custodial parent and the abducting family member. Written with the help of six persons who have experienced family abduction, this book features valuable insights from a firsthand perspective. It is designed to provide the searching family, law enforcement and mental health professionals with strategies to build a comprehensive, child-centred approach to recovery and healing, and to support victims subjected to the crime of family abduction.
רונה שוז "זכויות ילדים חטופים: האם חוק אמנת האג (החזרת ילדים חטופים), תשנ"א-1991, עולה בקנה אחד עם דוקטרינת זכויות הילד?" מחקרי משפט (2)20, 421 (2004).
Alison M. Smith, Cong. Rsch. Serv., RS21261, International Parental Child Abductions (2014).
Katarina C. O'Regan, Cong. Rsch. Serv., R46553, International Parental Child Abduction: Foreign Policy Responses and Implications (2020).
מעודכן ל: 12.9.2023
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