Appendix IIIB: HAGUE CONVENTION OF 25 OCTOBER 1980 ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION

1997 ◽  
Vol 48 (2) ◽  
pp. 39-39
Keyword(s):  
Hague Convention ◽  
Child Abduction ◽  
International Child

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

Substantive and Procedural Legal Issues in Dispute Resolution Under the 1980 Hague Convention on the Civil Aspects of International Child Abduction

2021 ◽  
Author(s):  
Yu.A. Marks ◽  
Keyword(s):  
Russian Federation ◽  
Hague Convention ◽  
Best Interests ◽  
Theoretical Development ◽  
Child Abduction ◽  
Procedural Law ◽  
International Child ◽  
The Subject ◽  
The Russian Federation ◽  
Access Rights

The article is devoted to considering cases on the return of a child or on the exercising access rights in relation to a child on the basis of the Hague Convention on Civil Aspects of International Child Abduction of 1980. The importance of cases concerning the return of a child or the exercise of access rights in respect of a child necessitates theoretical development not only of the procedural institutions, which norms regulate the examination of this category of cases by the courts, but also an analysis of the substantive aspects of disputes concerning the return of a child or the exercise of access rights in respect of a child on the basis of the 1980 Convention. According to the author, the relationship between substantive and procedural law is reflected in the principle of the best interests of the child, the subject of judicial protection, the specifics of the protection means and the subject of proof, as well as the specifics of the composition and procedural position of the persons involved in the trial of the category under study. Particular attention is paid to the tasks and powers of the central authorities established to ensure the unhindered and effective application of the 1980 Convention. It is proposed to transfer the powers of the central body in this sphere from the Ministry of Education of the Russian Federation to the Ministry of Justice of the Russian Federation. The development of the institution of mediation, including the active promotion of the expansion of mediation cooperation within the framework of interstate contacts aimed at resolving cases of the category under consideration, seems promising.

10. International Relocation and Child Abduction

2018 ◽  
Author(s):  
Ruth Gaffney-Rhys
Keyword(s):  
Hague Convention ◽  
International Relocation ◽  
Child Abduction ◽  
International Child ◽  
Questions And Answers ◽  
Essay Question ◽  
The Hague ◽  
The Law ◽  
The Hague Convention ◽  
The Eu

The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary, and tips to gain extra marks. This chapter focuses on international relocation and child abduction. The first question is an essay question that considers the law relating to international relocation, ie how the English courts have dealt with applications to relocate out of the jurisdiction (eg Payne v Payne). The second is a problem question that requires the application of the Hague Convention on the Civil Aspects on International Child Abduction 1980 and the EU Regulations (BIIR), but also considers the law that applies if a child is taken to England and Wales from a country that has not ratified the Hague Convention.

Deciding to Defer: The Importance of Fairness in Resolving Transnational Jurisdictional Conflicts

2016 ◽  
Vol 70 (2) ◽  
pp. 409-441 ◽  
Author(s):  
Asif Efrat ◽  
Abraham L. Newman
Keyword(s):  
International Law ◽  
Hague Convention ◽  
Original Data ◽  
Domestic Institutions ◽  
Data Set ◽  
Child Abduction ◽  
International Child ◽  
The Hague ◽  
The Hague Convention ◽  
Considerable Support

AbstractThe cross-border movement of people, goods, and information frequently results in legal disputes that come under the jurisdiction of multiple states. The principle of deference—acceptance of another state's exercise of legal authority—is one mechanism to manage such jurisdictional conflicts. Despite the importance of deference in international law and cooperation, little is known about the causes of variation in its use. In this article, we develop a theory of deference that focuses on the role that domestic institutions and norms play in ensuring procedural and substantive fairness. We test this theory in an original data set concerning accession practices in the Hague Convention on International Child Abduction. Our findings offer considerable support for the idea that states evaluate partners on the likelihood that they can offer a fair legal process. Exploring empirically the efforts against parental child abduction, we offer a nuanced account of the link between domestic institutions and norms and international cooperation. This account suggests that greater attention should be paid to the use of deference as a mechanism to manage the conflicts posed by globalization.

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