When our Paths Cross Again: The Supreme Court's Management of Related Asylum and Child Abduction Claims in G v G

2021 ◽  
Author(s):  
Kieran Walsh ◽  
Sarah Atkins
Keyword(s):  
Child Abduction

Guaranteeing the Broadest Protection to Minors in the Aftermath of Disasters: Re-Framing the International Discussion in Terms of Child Abduction, Sale, and Trafficking

2013 ◽  
Vol 4 (1) ◽  
pp. 135-150 ◽  
Author(s):  
Silvia Scarpa
Keyword(s):  
Child Protection ◽  
Disaster Relief ◽  
Armed Conflicts ◽  
Relief Work ◽  
Child Abduction ◽  
Labour Exploitation

The Article aims at demonstrating that a more effective and comprehensive protection of minors in the aftermath of disasters can be guaranteed by, first of all, re-framing the discussion of the relevant actors in this field on the various practices and processes, including sexual and labour exploitation, early and forced marriages, the involvement of children in armed conflicts, and illegal adoptions, that can be grouped under the heading of three umbrella terms, namely, the abduction, sale, and trafficking of children. These terms are, in part, already used by relevant actors in the field of disaster relief work; however, their interpretation and boundaries are not always properly clarified. Therefore, the Article discusses the definitions of these three terms and recommends that all the relevant actors follow such framework and conform to the definitions provided, so as to guarantee a greater consistency and clarity in the debate over child protection in the aftermath of disasters.

scholarly journals COVID-19 CHALLENGES TO THE CHILD ABDUCTION PROCEEDINGS

2021 ◽  
Author(s):  
Martina Drventić
Keyword(s):  
Well Being ◽  
Best Interests ◽  
Access To Justice ◽  
Child Abduction ◽  
International Child ◽  
Travel Restrictions ◽  
National Competent Authorities ◽  
International Border ◽  
National Practice ◽  
Insight Into

While creating a new notion of everyday life, the COVID-19 pandemic also affects the resolution of cross-border family disputes, including the international child abduction cases. The return of an abducted child to the country of his or her habitual residence is challenged by travel restrictions, international border closures, quarantine measures, but also by closed courts or cancelled hearings. Those new circumstances that befell the whole world underline two issues considering child abduction proceedings. The first one considers access to justice in terms of a mere possibility of the applicant to initiate the return proceeding and, where the procedure is initiated, in terms of the manner of conducting the procedure. The legislation requires a quick initiation and a summary resolution of child abduction proceedings, which is crucial to ensuring the best interests and well-being of a child. This includes the obligation of the court to hear both the child and the applicant. Secondly, it is to be expected that COVID-19 will be used as a reason for child abduction and increasingly as justification for issuing non-return orders seen as a “grave risk” to the child under Article 13(1)(b) of the Child Abduction Convention. By analysing court practice from the beginning of the pandemic in March 2020 to March 2021, the research will investigate how the pandemic has affected child abduction proceedings in Croatia. Available national practice of other contracting states will also be examined. The aim of the research is to evaluate whether there were obstacles in accessing the national competent authorities and courts during the COVID-19 pandemic, and in which manner the courts conducted the proceedings and interpreted the existence of the pandemic in the context of the grave risk of harm exception. The analyses of Croatian and other national practices will be used to gain an overall insight into the effectiveness of the emerging guidance and suggest their possible broadening in COVID-19 circumstances or any other future crises.

scholarly journals Sustracción internacional de menores. Asunto vinculado con Suiza y España. Comentario de la sentencia de la Audiencia Provincial de Pontevedra (Sección 1ª) núm. 52/2018, de 17 de abril = International child abduction. Case related with Switzerland and Spain. Comment on the judgment of the Spanish Court of Appeal of Pontevedra (Section 1) number 52/2018 of 17th April

2019 ◽  
Vol 11 (1) ◽  
pp. 671
Author(s):  
Carmen Azcárraga Monzonís
Keyword(s):  
Hague Convention ◽  
Parental Responsibility ◽  
Habitual Residence ◽  
Child Abduction ◽  
International Child ◽  
The Hague ◽  
A Minor ◽  
The Hague Convention ◽  
Court Of Appeal

Resumen: Sustracción internacional a España de menor residente en Suiza en aplicación del Con­venio de La Haya de 1980 sobre los aspectos civiles de la sustracción internacional de menores. Discre­pancia sobre la residencia habitual del menor. No se aprecian motivos de no retorno.Palabras clave: sustracción internacional de menores, Convenio de La Haya sobre sustracción, Convenio de La Haya sobre responsabilidad parental y protección de menores, residencia habitualAbstract: International abduction to Spain of a minor residing in Switzerland under the Hague Convention on the Civil Aspects of International Child Abduction of 1980. Discrepancy about the habi­tual residence of the minor. No grounds for return denial are appreciated.Keywords: international child abduction, Hague Convention on Child Abduction, Hague Conven­tion on Parental Responsibility and Measures of the Protection of Children, habitual residence

scholarly journals Mexico-U. S. Cross-Border Family Mediation: Legal Issues in Mexico

2016 ◽  
Vol 1 (18) ◽  
pp. 129
Author(s):  
Nuria González Martín
Keyword(s):  
Dispute Resolution ◽  
Mexico City ◽  
Child Custody ◽  
Legal Issues ◽  
Family Mediation ◽  
Child Abduction ◽  
Cross Border ◽  
Binary Approach ◽  
International Child ◽  
The Usa

The approach taken by society toward dispute resolution in child custody cases has historically been seen as litigation versus mediation. Given the current volume of cross-border family-related disputes, this binary approach no longer makes sense. In this note, I provide a brief introduction to mediation in Mexico, especially Mexico City. I also analyze other ideas regarding International Child Abduction by one of the Parents and International Family Mediation between Mexico and the USA.

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