22. International Parental Child Abduction

2021 ◽  
pp. 812-874
Author(s):  
N V Lowe ◽  
G Douglas ◽  
E Hitchings ◽  
R Taylor
Keyword(s):  
Family Law ◽  
Habitual Residence ◽  
Child Abduction ◽  
The Family ◽  
The Uk

This chapter concerns parental child abduction, that is, where one parent takes the child to another place or jurisdiction without the other’s consent. The chapter discusses the issue both where the abduction is within the UK and where the child is taken to a foreign jurisdiction. The chapter begins by looking at the mechanisms to prevent abduction. It then considers the inter-UK position under the Family Law Act 1986 followed by an examination of the international position first with regard to abductions to and from ‘non-Convention countries’ and then with regard to those governed principally by the 1980 Hague Abduction Convention. In the latter regard it discusses the concepts of rights of custody, wrongful removal and wrongful retention and habitual residence. It then examines the making and refusing to make orders for the child’s return and ends with a discussion about the position with regard to access.

scholarly journals FORCED MARRIAGE: BIFURCATED VALUES IN THE UK

2012 ◽  
Vol 21 (1) ◽  
pp. 49-65
Author(s):  
Mary Welstead
Keyword(s):  
Family Law ◽  
Cultural Background ◽  
Forced Marriage ◽  
The Family ◽  
Male Doctor ◽  
The Uk

I begin with a story because, in reality, most law, and particularly family law, is about stories, stories of human encounters. My story is about a 16-year-old Muslim girl, let me call her Jamila (not, of course, her real name) who was born in England, and lived with her parents who originated from a small village in Asia. The family lived a very traditional life in England, alongside other families from a similar cultural background. Jamila’s parents did not wish her to be contaminated by English values which seemed so far removed from their own.  Jamila’s father was concerned that his daughter had suddenly started to wet the bed at night. He took her to see an English male doctor whose surgery was close to their home in Birmingham. Jamila arrived for her appointment, beautifully dressed in a traditional salwaar kameez made of silk and chiffon. Her father wished to remain with his daughter during the consultation with the doctor.  However, the doctor insisted that he respect the confidentiality between doctor and patient, an accepted essential in England, and told the father that Jamila must be allowed to speak to him on her own. The father reluctantly capitulated. 

scholarly journals Activities of Islamic Sharī’ah Council and Muslim Arbitration Tribunal to Apply Islamic Law in England and Wales

2020 ◽  
Vol 2 (2) ◽  
pp. 1-16
Author(s):  
Md. Nurul Huda
Keyword(s):  
Crucial Role ◽  
Child Custody ◽  
Islamic Law ◽  
Family Law ◽  
Religious Groups ◽  
England And Wales ◽  
Legal Problems ◽  
The Family ◽  
Long Time ◽  
The Uk

The UK is a Christian majority country with several minority religious groups like Muslims, Hindus, Jews and Sikhs who have been living there for a long time. All faith groups have their own laws. Likewise, Muslims also have their specific laws called “Sharī’ah law” or “Muslim Family Law”. This paper attempts to represent a prospect of how Islamic law deals with the issues faced by the Muslims in England and Wales. There are many “The Islamic Shari’ah Council (ISC)” and “Muslim Arbitrational Tribunal (MAT) to solve the family concerns in England and Wales, for instance, marriage, child custody, divorce and other issues related to their matrimonial life. These councils play a prime role in implementing Islamic law among Muslims in Britain. Since ISC and MAT play a crucial role in applying Islamic law, it will be the focusing component of the paper. This study examines how ISC and MAT resolve the legal problems of the Muslim families and to which extent sometimes it is allegedly not compatible with England and Wales's domestic legal settings. Moreover, the main aim and object of the paper is to find out the internal functions and the processes of the Islamic Sharī’ah Council and Muslim Arbitration Tribunal in England and Wales

Part V Family Law, 23 Declarations

2017 ◽  
Author(s):  
Torremans Paul
Keyword(s):  
Marital Status ◽  
Family Law ◽  
Same Sex ◽  
Same Sex Couples ◽  
Child Abduction ◽  
Civil Partnership ◽  
The Family ◽  
Statutory Power

This chapter examines the power of the courts, both under their inherent jurisdiction and by statute, to make declarations as to marital status. For many years, the courts had statutory power to grant declarations of legitimacy, legitimation, and the validity of a marriage or whether the petitioner is a British subject. However, there was no power to declare the invalidity of a marriage by declaration: that had to be done in nullity proceedings. This chapter discusses the relevant provisions of Part III of the Family Law Act 1986 relating to declarations as to marital status; declarations of parentage, legitimacy, or legitimation; and declarations as to adoptions effected overseas. It also considers the relevant provisions of the Child Abduction and Custody Act 1985, Civil Partnership Act 2004, Marriage (Same Sex Couples) Act 2013, and Presumption of Death Act 2013.

O PROBLEMA DO AFETO NO DIREITO DE FAMÍLIA: O AFETO COMO VÍNCULO OBJETIVO CONSTITUTIVO E DISTINTIVO DE PERTENCIMENTO À ENTIDADE FAMILIARTHE PROBLEM OF AFFECTION IN FAMILY LAW: THE AFFECT AS A LINK OBJECTIVE CONSTITUTIVE DISTINCTIVE OF THE FAMILY ENTITY

2020 ◽  
Vol 12 (26) ◽  
Author(s):  
Leonardo Macedo Poli ◽  
Giulia Miranda Corcione
Keyword(s):  
Family Law ◽  
The Family

Partindo da indenização por abandono afetivo, analisam-se neste texto duas perspectivas sobre o afeto: o sentimento e o dever de cuidado. A revisão das duas correntes leva à necessidade de fundamentar uma nova perspectiva que acolha a complexidade das relações familiares contemporâneas: o afeto enquanto vínculo constitutivo e distintivo da entidade familiar. A afetividade passa a ser entendida como o elemento necessário à constituição de família e à distinção desse tipo de relação frente a outras. Serão analisadas as teorias da causalidade adotadas no Brasil e na Itália, para avaliar a que melhor se aplica ao caso mencionado. Distinguem-se também os danos moral e existencial, para verificar qual deles é incidente em situações de abandono parental. Numa abordagem interdisciplinar, reavalia-se o princípio da afetividade e sua abordagem no ordenamento jurídico atual. Conclui-se que a subjetividade do afeto é inelidível e, por si mesmo, não pode constituir elemento gerador de direitos ou deveres. Postula-se então que os componentes de um grupo social têm autonomia para reconhecer o afeto como constituinte de sua relação, atribuindo-lhe constância tal, que se expresse no desejo mútuo de manter sua pertença e fortalecer sua vinculação recíproca. Esse ato de nomeação pelo qual tal grupo, em razão de seu afeto, se percebe como família é uma forma de objetivação suficiente para que o direito recupere, no afeto autodeclarado, seu objeto de intervenção.

A Court of Specialists

2020 ◽  
Author(s):  
Chris Hanretty
Keyword(s):  
Family Law ◽  
Public Law ◽  
Tax Law ◽  
Decision Making Process ◽  
Main Argument ◽  
Political Differences ◽  
Uk Supreme Court ◽  
The Uk ◽  
Initial Selection ◽  
Selection Of

This book explains how judges on the UK Supreme Court behave. It looks at different stages in the court's decision-making process—from the initial selection of cases, to the choice of judges to sit on panels, to the final outcome. The main argument of the book is that judges' behavior is strongly affected by their specialism in different areas of law. Cases in tax law (or family law, or public law) are more likely to be heard by specialists in that area, and those specialists are more likely to write the court's decision—or disagree with the decision when there is dissent. Legal factors like specialization in areas of law explains more of the court's work than do political differences between judges.

The Family Law Bar as Leaders of Change: The IAALS Summit

2017 ◽  
Vol 55 (1) ◽  
pp. 8-10
Author(s):  
Natalie A. Knowlton
Keyword(s):  
Family Law ◽  
The Family
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