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Borderlines in Private Law

Edited by: William Day, Julius Grower
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International Child Abduction: The Inadequacies of the Law


ISBN13: 9781849461566
Published: August 2011
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £95.00



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International child abduction occurs when one parent wrongfully (i.e. 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 the 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.

Subjects:
Conflict of Laws, Family Law
Contents:
1. The Research Project and Book Structure
2. Terminology
3. The Child
4. The Family
5. The Abduction
6. The Quest for Return
7. Life While the Child is Away
8. Aftermath
9. Prevention of International Child Abduction
10. Conclusion

Series: Studies in Private International Law

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The Application of Foreign Law in the British and German Courts ISBN 9781509959587
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The Private International Law of Authentic Instruments ISBN 9781509945627
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Economic Sanctions in EU Private International Law ISBN 9781509953578
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The Private International Law of Authentic Instruments (eBook) ISBN 9781509907649
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Clawback Law in the Context of Succession ISBN 9781509932320
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Economic Sanctions in EU Private International Law (eBook) ISBN 9781509933525
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Edited by: Anselmo Reyes
ISBN 9781509924257
Published September 2019
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ISBN 9781509924271
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Commercial Issues in Private International Law ISBN 9781509922871
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Electronic Consumer Contracts in the Conflict of Laws 2nd ed ISBN 9781509920105
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Cross-Border Litigation in Europe (eBook) ISBN 9781782256779
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Cross-Border Litigation in Europe ISBN 9781782256762
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The Nature and Enforcement of Choice of Court Agreements: A Comparative Study ISBN 9781509914494
Published October 2017
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Maintenance And Child Support in Private International Law ISBN 9781509915507
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The Choice of Law Contract ISBN 9781849467643
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Recovery of Maintenance in the EU and Worldwide
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ISBN 9781509909285
Published August 2016
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Electronic Consumer Contracts in the Conflict of Laws 2nd ed ISBN 9781849466912
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Maintenance And Child Support in Private International Law ISBN 9781849467179
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Maintenance And Child Support in Private International Law (eBook) ISBN 9781509903566
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Recovery of Maintenance in the EU and Worldwide
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Recovery of Maintenance in the EU and Worldwide (eBook)
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ISBN 9781782254690
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The Hague Child Abduction Convention: A Critical Analysis ISBN 9781849460170
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Child Abduction within the European Union ISBN 9781849463973
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Intellectual Property and Private International Law: Comparative Perspectives (eBook)
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ISBN 9781847319708
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The Governing Law of Companies in EU Law ISBN 9781849462969
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The Governing Law of Companies in EU Law (eBook) ISBN 9781847319272
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Mediating International Child Abduction Cases: The Hague Convention ISBN 9781849461818
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Mediating International Child Abduction Cases: The Hague Convention (eBook) ISBN 9781847318657
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International Child Abduction: The Inadequacies of the Law (eBook) ISBN 9781847318565
Published August 2011
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Cases and Materials on EU Private International Law (eBook) ISBN 9781847317636
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Cases and Materials on EU Private International Law ISBN 9781849460279
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Jurisdiction and Judgments in Relation to EU Competition Law Claims ISBN 9781841136592
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Foreign Currency Claims in the Conflict of Laws ISBN 9781841138923
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Electronic Consumer Contracts in the Conflict of Laws ISBN 9781841138473
Published September 2009
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Publication Abandoned