The Hague Convention on International Child Abduction

The Hague Convention on International Child Abduction

The Hague Convention on International Child Abduction

The Hague Convention on International Child Abduction

Synopsis

The Hague Child Abduction Convention has proved to be one of the most widely ratified treaties ever agreed at the Hague Conference on Private International Law. This book provides a much needed systematic analysis of the way in which the Convention has been applied in England and Scotland, with extensive reference to the case law of Australia, Canada, France, New Zealand and the United States. All the key provisions and terms of the Convention are thoroughly explored. The book also provides broader insights into the role of the Hague Conference and the use of habitual residence as a correcting factor. The aim of the Oxford Monographs in Private International Law series, edited by Peter Carter QC, is to publish works of quality and originality in a number of important areas of private international law. The series in intended for both scholarly and practitioner readers.

Excerpt

In modern times in many parts of the world family relationships have often become what may be described, albeit somewhat euphemistically, as more flexible. Justice requires that rules of law, including private international law, take account of this fact. The abduction of children constitutes one area of the subject. It is an area in which problems have arisen, and seemingly are continuing to arise, with increasing frequency. The importance, coupled with the complexity especially in the transnational context, of the issues involved has demanded positive and definitive action by law makers.

The 1980 Hague Convention on the Civil Aspects of International Child Abduction was designed to meet this demand. That Convention in its turn calls for critical analysis and assessment in a wider context. Paul Beaumont and Peter McEleavy provide this, and in doing so they have made an impressive contribution to the achievement of the aim of the Oxford Monographs in Private International Law series which is to publish works of originality and quality in a number of important and developing areas of private international law. Furthermore, the authors have shown that the abduction of children is an area in which contemporary private international law is a subject characterised by a marked interaction between practitioner and scholarly interests.

Wadham College, Oxford P. B. CARTER

10 March 1999 . . .

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