PARENTAL ALIENATION WITHIN THE CONTEXT OF THE 1980 HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION: THE BRAZILIAN PERSPECTIVE

2014 ◽  
Vol 2 (1) ◽  
pp. 167-192
Author(s):  
Bruno Rodrigues de Almeida ◽  
Gisela Vieira Dalfeor Vidal
Keyword(s):  
Hague Convention ◽  
Parental Alienation ◽  
Child Abduction ◽  
International Child

scholarly journals PARENTAL ALIENATION WITHIN THE CONTEXT OF THE 1980 HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION: THE BRAZILIAN PERSPECTIVE

2018 ◽  
Vol 2 (2) ◽  
pp. 167-192
Author(s):  
Bruno Rodrigues de Almeida ◽  
Gisela Vieira Dalfeor Vidal
Keyword(s):  
Emotional Abuse ◽  
Hague Convention ◽  
Fundamental Rights ◽  
Habitual Residence ◽  
Federal Law ◽  
Best Interest ◽  
Parental Alienation ◽  
Child Abduction ◽  
International Child ◽  
The Right

The number of cases of relocation of children and adolescents to Brazil has increased significantly in the last years. One must consider that abducting or wrongfully retaining children from the places of their habitual residence prevents them from enjoying fundamental rights such as those to historical, social and cultural identities and even the right enjoy full family life with both sides of their families. This article shows that unilateral relocation of children to Brazil (as well their wrongful retention in Brazilian territory)  in violation  of the 1980 Hague Convention on the Civil Aspects of International Child Abduction, is actually one form of Parental Alienation practiced in cross border circumstances, pursuant to Federal Law nº 12.318, from August 26, 2010 (Brazilian Parental Alienation Act). On that sense, Brazilian administrative and judicial authorities must not only engender public policies and strategies to enhance acknowledgement about rules of the Convention among Brazilian communities living abroad, they must also encourage extrajudicial agreements between interested parties to increase the rates of voluntary return of abducted or retained children. In cases brought to courts, since Parental Alienation is a form of emotional abuse of the child, magistrates must count on the opinion of interdisciplinary advisors before considering opinion of the abducted children in the ruling of the return order. In sum, the search for international cooperation with other Contracting States of the 1980 Hague Convention and the respect of the best interest of the child must be in permanent harmony. 

scholarly journals PARENTAL ALIENATION WITHIN THE CONTEXT OF THE 1980 HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION: THE BRAZILIAN PERSPECTIVE

2018 ◽  
Vol 2 (2) ◽  
pp. 167-192
Author(s):  
Bruno Rodrigues de Almeida ◽  
Gisela Vieira Dalfeor Vidal
Keyword(s):  
Emotional Abuse ◽  
Hague Convention ◽  
Fundamental Rights ◽  
Habitual Residence ◽  
Federal Law ◽  
Best Interest ◽  
Parental Alienation ◽  
Child Abduction ◽  
International Child ◽  
The Right

The number of cases of relocation of children and adolescents to Brazil has increased significantly in the last years. One must consider that abducting or wrongfully retaining children from the places of their habitual residence prevents them from enjoying fundamental rights such as those to historical, social and cultural identities and even the right enjoy full family life with both sides of their families. This article shows that unilateral relocation of children to Brazil (as well their wrongful retention in Brazilian territory)  in violation  of the 1980 Hague Convention on the Civil Aspects of International Child Abduction, is actually one form of Parental Alienation practiced in cross border circumstances, pursuant to Federal Law nº 12.318, from August 26, 2010 (Brazilian Parental Alienation Act). On that sense, Brazilian administrative and judicial authorities must not only engender public policies and strategies to enhance acknowledgement about rules of the Convention among Brazilian communities living abroad, they must also encourage extrajudicial agreements between interested parties to increase the rates of voluntary return of abducted or retained children. In cases brought to courts, since Parental Alienation is a form of emotional abuse of the child, magistrates must count on the opinion of interdisciplinary advisors before considering opinion of the abducted children in the ruling of the return order. In sum, the search for international cooperation with other Contracting States of the 1980 Hague Convention and the respect of the best interest of the child must be in permanent harmony. 

scholarly journals PARENTAL ALIENATION WITHIN THE CONTEXT OF THE 1980 HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION: THE BRAZILIAN PERSPECTIVE

2018 ◽  
Vol 2 (2) ◽  
pp. 167-192
Author(s):  
Bruno Rodrigues de Almeida ◽  
Gisela Vieira Dalfeor Vidal
Keyword(s):  
Emotional Abuse ◽  
Hague Convention ◽  
Fundamental Rights ◽  
Habitual Residence ◽  
Federal Law ◽  
Best Interest ◽  
Parental Alienation ◽  
Child Abduction ◽  
International Child ◽  
The Right

The number of cases of relocation of children and adolescents to Brazil has increased significantly in the last years. One must consider that abducting or wrongfully retaining children from the places of their habitual residence prevents them from enjoying fundamental rights such as those to historical, social and cultural identities and even the right enjoy full family life with both sides of their families. This article shows that unilateral relocation of children to Brazil (as well their wrongful retention in Brazilian territory)  in violation  of the 1980 Hague Convention on the Civil Aspects of International Child Abduction, is actually one form of Parental Alienation practiced in cross border circumstances, pursuant to Federal Law nº 12.318, from August 26, 2010 (Brazilian Parental Alienation Act). On that sense, Brazilian administrative and judicial authorities must not only engender public policies and strategies to enhance acknowledgement about rules of the Convention among Brazilian communities living abroad, they must also encourage extrajudicial agreements between interested parties to increase the rates of voluntary return of abducted or retained children. In cases brought to courts, since Parental Alienation is a form of emotional abuse of the child, magistrates must count on the opinion of interdisciplinary advisors before considering opinion of the abducted children in the ruling of the return order. In sum, the search for international cooperation with other Contracting States of the 1980 Hague Convention and the respect of the best interest of the child must be in permanent harmony. 

scholarly journals PARENTAL ALIENATION WITHIN THE CONTEXT OF THE 1980 HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION: THE BRAZILIAN PERSPECTIVE

2014 ◽  
Vol 2 (2) ◽  
pp. 167-192
Author(s):  
Bruno Rodrigues de Almeida ◽  
Gisela Vieira Dalfeor Vidal
Keyword(s):  
Emotional Abuse ◽  
Hague Convention ◽  
Fundamental Rights ◽  
Habitual Residence ◽  
Federal Law ◽  
Best Interest ◽  
Parental Alienation ◽  
Child Abduction ◽  
International Child ◽  
The Right

The number of cases of relocation of children and adolescents to Brazil has increased significantly in the last years. One must consider that abducting or wrongfully retaining children from the places of their habitual residence prevents them from enjoying fundamental rights such as those to historical, social and cultural identities and even the right enjoy full family life with both sides of their families. This article shows that unilateral relocation of children to Brazil (as well their wrongful retention in Brazilian territory)  in violation  of the 1980 Hague Convention on the Civil Aspects of International Child Abduction, is actually one form of Parental Alienation practiced in cross border circumstances, pursuant to Federal Law nº 12.318, from August 26, 2010 (Brazilian Parental Alienation Act). On that sense, Brazilian administrative and judicial authorities must not only engender public policies and strategies to enhance acknowledgement about rules of the Convention among Brazilian communities living abroad, they must also encourage extrajudicial agreements between interested parties to increase the rates of voluntary return of abducted or retained children. In cases brought to courts, since Parental Alienation is a form of emotional abuse of the child, magistrates must count on the opinion of interdisciplinary advisors before considering opinion of the abducted children in the ruling of the return order. In sum, the search for international cooperation with other Contracting States of the 1980 Hague Convention and the respect of the best interest of the child must be in permanent harmony. 

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.

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