Child Abduction within the European Union
Child Abduction within the European Union

Author: Katarina Trimmings

Publisher: Bloomsbury Publishing

Published: 2013-03-20

Total Pages: 276

ISBN-13: 1782250824

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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. This title is included in Bloomsbury Professional's Family Law online service.

Children and the European Union
Children and the European Union

Author: Helen Stalford

Publisher: Bloomsbury Publishing

Published: 2012-08-14

Total Pages: 193

ISBN-13: 1847319904

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This book examines in detail the status of children in the EU. Drawing on a range of disciplinary perspectives, including the sociology of childhood and human rights discourse, it offers a critical analysis of the legal and policy framework underpinning EU children's rights across a range of areas, including family law, education, immigration and child protection. Traditionally children's rights at this level have been articulated primarily in the context of the free movement of persons provisions, inevitably restricting entitlement to migrant children of EU nationality. In the past decade, however, innovative interpretations of EU law by the Court of Justice, coupled with important constitutional developments, have prompted the development of a much more robust children's rights agenda. This culminated in the incorporation of a more explicit reference to children's rights in the Lisbon Treaty, followed by the Commission's launch, in February 2011, of a dedicated EU 'Agenda' to promote and safeguard the rights of the child. The analysis presented in this book therefore comes at a pivotal point in the history of EU children's rights, providing a detailed and critical overview of a range of substantive areas, and making an important contribution to international children's rights studies.

Research Handbook on International Child Abduction
Research Handbook on International Child Abduction

Author: Marilyn Freeman

Publisher: Edward Elgar Publishing

Published: 2023-06-01

Total Pages: 487

ISBN-13: 1800372515

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With a focus on the 1980 Hague Convention, this cutting-edge Research Handbook provides a holistic overview of the law on international child abduction from prevention, through voluntary agreements and Convention proceedings, to post-return and aftercare issues.

Routledge Handbook of Family Law and Policy
Routledge Handbook of Family Law and Policy

Author: John Eekelaar

Publisher: Routledge

Published: 2014-05-09

Total Pages: 459

ISBN-13: 1134447531

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Changes in family structures, demographics, social attitudes and economic policies over the last sixty years have had a large impact on family lives and correspondingly on family law. This book provides global perspectives on the policy challenges facing family law and policy round the world. The chapters apply legal, sociological, demographic and social work research to explore the most significant issues that have been commanding the attention of family law policy-makers in recent years. Featuring contributions from a range of renowned global experts, the book draws on multiple jurisdictions and offers comparative analysis across a range of countries. The book addresses a range of issues including: the role of the state in supporting families and protecting the vulnerable children’s rights and parental authority sexual orientation and gender in family law the status of marriage and other forms of adult relationships divorce and separation and their consequences the relationship between civil law and the law of minority groups assisted conception movement of family members between jurisdictions This advanced level reference work will be essential reading for students, researchers and scholars of family law and social policy as well as policy makers in the field.

Private International Law in an Era of Change
Private International Law in an Era of Change

Author: Morten M. Fogt

Publisher: Edward Elgar Publishing

Published: 2024-11-08

Total Pages: 279

ISBN-13: 1035331802

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This timely book examines the complex challenges facing modern private international law (PIL). The book brings together expert practitioners and scholars to consider key topics including digitalisation, European civil cooperation, the codification of PIL, and judicial cooperation. Through showcasing the developments that PIL has already undergone and highlighting areas for further advancement, the book provides a well-rounded picture of the relevance and effectiveness of PIL in todayÕs world.

Parental Child Abduction to Islamic Law Countries
Parental Child Abduction to Islamic Law Countries

Author: Nazia Yaqub

Publisher: Bloomsbury Publishing

Published: 2022-10-20

Total Pages: 249

ISBN-13: 150993913X

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As the world becomes smaller, family law is becoming truly global, giving rise to more and more questions for private international law. This book looks at the sensitive and complex question of child abduction, with a unique children's right perspective. Taking Islamic law as its case study, it delves into child abduction in key jurisdictions from Iran to Saudi Arabia and Libya to Pakistan. Rigorous doctrinal analysis is enhanced by empirical insights, namely interviews with abductees, parents and professionals. It is an excellent guide to a complicated field.

The Right to Family Life in the European Union
The Right to Family Life in the European Union

Author: Maribel González Pascual

Publisher: Taylor & Francis

Published: 2016-12-19

Total Pages: 271

ISBN-13: 1317287592

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Exploring the main developments and challenges for the right to family life in the context of European integration, this book examines the right to family life in the EU Charter of Fundamental Rights and the interplay between family life, citizenship, and free movement; it analyzes the combined impact of the EU and the European Convention on Human Rights on the concept of the family protected by the law in light of recent case law. Considering the broadening understanding of what constitutes family, the challenges for the right to family life in the context of immigration, and the protection of families and social rights it provides a comprehensive overview of the current state of family life in the European Union.

International Child Abduction
International Child Abduction

Author: Thalia Kruger

Publisher: Bloomsbury Publishing

Published: 2011-08-03

Total Pages: 279

ISBN-13: 1847318568

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International child abduction occurs when one parent wrongfully (ie in breach of the parental responsibility of the other parent) takes a child to a country other than that of the child's habitual residence, or wrongfully keeps a child in such country. The author of this work was part of a research team that conducted a study, partially funded by the European Commission, to examine this problem in Belgium and Hungary, analysing cases from 2007 and 2008 and interviewing affected parents. This book is a revised version of the Belgian research report, which sets the problem of child abduction within its international context. It looks at the families in which abductions took place, how preparations were made for abduction, the quest for the return of the child (including legal proceedings) and the aftermath of the abductions. Throughout the book, the results of the quantitative and qualitative data are explained. What emerges is that when a child is abducted, the solutions offered by the law are often inadequate. Family conflict is a complex societal issue, and child abduction is a severe form of family conflict. Rather than responding to child abduction with strict and contentious legal proceedings, the book argues that solutions based on respect, psychological assistance, and a search for consensus should be favoured.

Oxford Principles of European Union Law
Oxford Principles of European Union Law

Author: Robert Schütze

Publisher: Oxford University Press

Published: 2018-02-23

Total Pages: 1441

ISBN-13: 0191058793

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Since the 1957 Rome Treaty, the European Union has changed dramatically - in terms of its composition, scope and depth. Originally established by six Western European States, the EU today has 28 Members and covers almost the entire European continent; and while initially confined to establishing a "common market", the EU has come to influence all areas of political, economic and social life. In parallel with this enormous geographic and thematic expansion, the constitutional and legislative principles underpinning the European Union have constantly evolved. This three-volume study aims to provide an authoritative academic treatment of European Union law. Written by leading scholars and practitioners, each chapter offers a comprehensive and critical assessment of the state of the law. Doctrinal in presentation, each volume nonetheless tries to present a broader historical and comparative perspective. Volume I provides an analysis of the constitutional principles governing the European Union. It covers the history of the EU, the constitutional foundations, the institutional framework, legislative and executive governance, judicial protection, and external relations. Volume II explores the structure of the internal market, while Volume III finally analyses the internal and external substantive policies of the EU.

Research Handbook on Feminist Engagement with International Law
Research Handbook on Feminist Engagement with International Law

Author: Susan Harris Rimmer

Publisher: Edward Elgar Publishing

Published:

Total Pages: 587

ISBN-13: 1785363921

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For almost 30 years, scholars and advocates have been exploring the interaction and potential between the rights and well-being of women and the promise of international law. This collection posits that the next frontier for international law is increasing its relevance, beneficence and impact for women in the developing world, and to deal with a much wider range of issues through a feminist lens.