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Vol 24 No 8 Aug/Sept 2019

Book of the Month

Cover of Fisher and Lightwood's Law of Mortgage

Fisher and Lightwood's Law of Mortgage

Price: £439.99

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1 KBW on International Child Abduction


ISBN13: 9781526512826
To be Published: September 2020
Publisher: Bloomsbury Professional
Country of Publication: UK
Format: Paperback
Price: £80.00



International child abduction is a distinct field of practice within the family law sphere. It is a topic that requires specialist knowledge of a large body of case-law. It also requires an understanding of several international regulations and treaties. In addition to cases that are governed by our international reciprocal arrangements, there are also some cases, usually described as 'non-Hague Convention abductions', which concern abductions to or from non-Member States of the above instruments. Such cases present their own specific complications and are subject to their own line of legal authority.

The majority of international child abduction cases take place in the High Court, and practitioners in this area therefore also need to have good practical knowledge of High Court practice and procedure. This includes issues such as how to make urgent without notice applications, the criteria to apply for different types of Tipstaff orders, and when to seek specific orders for disclosure to assist in tracing a child.

Most family solicitors encounter child abduction cases from time to time, but only a relatively small number are specialists in this field. This title provides a practical and accessible guide to the subject which can be used as a reference tool by all family practitioners, but which is also sufficiently detailed to be of use to those who specialise in this area.

It includes relevant statutory and other materials, so that practitioners can take the book to court and have all the tools needed for day-to-day practice in one place. In addition to general commentary there are flow charts explaining procedural steps to be undertaken and diagrams summarising key cases.

Subjects:
Children
Contents:
1. Introduction and overview of: (i) the key pieces of legislation, Regulations and Conventions
(ii) the rules of jurisdiction
(iii) and the role of Central Authorities
SECTION A: THE 1980 HAGUE CONVENTION
2.The structure and aims of the 1980 Convention
3. Wrongful removals and retentions and rights of custody
4. Habitual Residence
5. Consent and acquiescence
6. Grave risk of harm
7. The voice of the child and the child objections exception
8. Settlement
9. Article 11 of Brussels II Revised
SECTION B: ABDUCTION OUTSIDE THE 1980 HAGUE CONVENTION
10. The inherent jurisdiction of the court
11. The 1996 Hague Convention
12. Brussels II Revised
SECTION C: PRACTICE AND PROCEDURE
13. Procedure for incoming and outgoing applications [this may be split into two chapters]
14. Locating children and preventing further abduction
15. Enforcement of orders
16. Appeal procedure