Hardback
Research Handbook on International Child Abduction
The 1980 Hague Convention
9781800372504 Edward Elgar Publishing
Featuring a foreword by Baroness Brenda Hale, Former President of the Supreme Court of the United Kingdom
With a focus on the 1980 Hague Convention, this cutting-edge Research Handbook provides a holistic overview of the law on international child abduction from prevention, through voluntary agreements and Convention proceedings, to post-return and aftercare issues.
With a focus on the 1980 Hague Convention, this cutting-edge Research Handbook provides a holistic overview of the law on international child abduction from prevention, through voluntary agreements and Convention proceedings, to post-return and aftercare issues.
More Information
Critical Acclaim
Contributors
Contents
More Information
With a focus on the 1980 Hague Convention, this cutting-edge Research Handbook provides a holistic overview of the law on international child abduction from prevention, through voluntary agreements and Convention proceedings, to post-return and aftercare issues.
Discussing the repercussions of abduction from the perspectives of both abducted children and the therapeutic and family justice professionals engaged in their cases, chapters consider the contributions of the many professionals and key agencies involved in the field. Identifying the 1980 Hague Convention as the principal global instrument for dealing with child abduction, the Research Handbook traces its role, history, development and impact, alongside the mechanisms required for its effective use. Evaluating current trends, areas of concern in legal/judicial practice and various regional initiatives, it also considers alternatives to high-conflict court proceedings in international child abduction cases. The Convention’s strengths, successes, weaknesses and gaps are discussed, and the Research Handbook concludes by addressing how best to tackle the challenges in its future operation.
Interdisciplinary and accessible in approach, the contributions from renowned subject specialists will prove useful to students and scholars of human rights and family law, international law and the intersections between law and gender studies, politics and sociology. Its combination of research, policy and practice will be of value to legal practitioners working in family law alongside NGOs and central authorities active in the field.
Discussing the repercussions of abduction from the perspectives of both abducted children and the therapeutic and family justice professionals engaged in their cases, chapters consider the contributions of the many professionals and key agencies involved in the field. Identifying the 1980 Hague Convention as the principal global instrument for dealing with child abduction, the Research Handbook traces its role, history, development and impact, alongside the mechanisms required for its effective use. Evaluating current trends, areas of concern in legal/judicial practice and various regional initiatives, it also considers alternatives to high-conflict court proceedings in international child abduction cases. The Convention’s strengths, successes, weaknesses and gaps are discussed, and the Research Handbook concludes by addressing how best to tackle the challenges in its future operation.
Interdisciplinary and accessible in approach, the contributions from renowned subject specialists will prove useful to students and scholars of human rights and family law, international law and the intersections between law and gender studies, politics and sociology. Its combination of research, policy and practice will be of value to legal practitioners working in family law alongside NGOs and central authorities active in the field.
Critical Acclaim
‘This Research Handbook provides a broad and timely overview of international child abduction law in both Convention and non-Convention countries, authored by an all-star cast of experts drawn from practice and academia. In addition to serving as a useful and important reference, this Handbook will help to shape the agenda for new work ahead.’
– Ann Laquer Estin, University of Iowa, US
‘This outstanding book is a timely collection of twenty-two chapters that represent the current thinking of global specialists on international child abduction and the 1980 Hague Convention. With personal insights and experiences with international child abduction, this commendable Research Handbook offers diverse perspectives in addressing the core question of how to respect and fulfil children’s rights to protection and participation in high conflict cross-border family matters. It is a must-read for all professionals interested in state-of-the-art insights into international child abductions and ways towards the future-proof operation of the 1980 Hague Convention.’
– Mariëlle Bruning, Leiden University, the Netherlands
‘Marilyn Freeman and Nicola Taylor make an invaluable contribution to the impact of international child abduction and the implementation and operationalization of the 1980 Hague Convention. They have gathered together the top experts in the field in an insightful, useful and comprehensive manner. The publication is thought provoking, practical, as well as academic, and an invaluable tool for the practitioner and experts.’
– Zenobia Du Toit, Miller du Toit Cloete Inc, South Africa
''I fully recommend this book, written by an impressive list of international experts in the theory and practice of every aspect of international child abduction. Professors Freeman and Taylor are pioneers in the field and this Research Handbook is an excellent instrument for the academic reader and the practitioner of law alike.''
– Karolina-Zoi Andriakopoulou, Family Lawyer, Greece
‘Marilyn and Nicola have assembled some of the world’s most influential experts on international parental child abduction in a treatise that combines complex legal topics with highly practical issues faced by attorneys, courts, and governments. This book should grace the shelves of any professional who works with families.’
– Melissa A. Kucinski, MK Family Law, US
– Ann Laquer Estin, University of Iowa, US
‘This outstanding book is a timely collection of twenty-two chapters that represent the current thinking of global specialists on international child abduction and the 1980 Hague Convention. With personal insights and experiences with international child abduction, this commendable Research Handbook offers diverse perspectives in addressing the core question of how to respect and fulfil children’s rights to protection and participation in high conflict cross-border family matters. It is a must-read for all professionals interested in state-of-the-art insights into international child abductions and ways towards the future-proof operation of the 1980 Hague Convention.’
– Mariëlle Bruning, Leiden University, the Netherlands
‘Marilyn Freeman and Nicola Taylor make an invaluable contribution to the impact of international child abduction and the implementation and operationalization of the 1980 Hague Convention. They have gathered together the top experts in the field in an insightful, useful and comprehensive manner. The publication is thought provoking, practical, as well as academic, and an invaluable tool for the practitioner and experts.’
– Zenobia Du Toit, Miller du Toit Cloete Inc, South Africa
''I fully recommend this book, written by an impressive list of international experts in the theory and practice of every aspect of international child abduction. Professors Freeman and Taylor are pioneers in the field and this Research Handbook is an excellent instrument for the academic reader and the practitioner of law alike.''
– Karolina-Zoi Andriakopoulou, Family Lawyer, Greece
‘Marilyn and Nicola have assembled some of the world’s most influential experts on international parental child abduction in a treatise that combines complex legal topics with highly practical issues faced by attorneys, courts, and governments. This book should grace the shelves of any professional who works with families.’
– Melissa A. Kucinski, MK Family Law, US
Contributors
Contributors: Anna Claudia Alfieri, Sarah Calvert, Stephen Cullen, Jeffrey Edleson, Linda Elrod, Mary Fata, Sarah Cecilie Finkelstein Waters, Marilyn Freeman, Gérardine Goh Escolar, Diahann Gordon Harrison, Michael Gration, Mark Henaghan, Costanza Honorati, Ischtar Khalaf-Newsome, Clement Kong, Thalia Kruger, Suzanne Labadie, Sara Lembrechts, Nigel Lowe, Alistair MacDonald, Anil Malhotra, Ranjit Malhotra, Jeremy Morley, Yuko Nishitani, Christian Poland, Kelly Powers, Joëlle Schickel-Küng, Rhona Schuz, Henry Setright, Sudha Shetty, Ann Skelton, Julia Sloth-Nielsen, Victoria Stephens, Nicola Taylor, Mathew Thorpe
Contents
Contents:
Foreword xvii
Acknowledgements xix
Spelling, reference or style conventions xx
List of abbreviations xxi
PART I INTRODUCTION AND KEY THEMES
1 Introduction and key themes 2
Nicola Taylor and Marilyn Freeman
PART II THE IMPACTS OF INTERNATIONAL CHILD ABDUCTION
2 Long-term reflections of a former milk carton kid 19
Sarah Cecilie Finkelstein Waters
3 Ghosts in our genes: Psychological issues in child abduction and high
conflict cases 30
Sarah Calvert
PART III THE 1980 HAGUE CONVENTION – HISTORY AND
LONGITUDINAL TRENDS
4 The global effort to deter parental kidnapping: A history of the Hague
Child Abduction Convention 47
Linda Elrod
5 The value and challenges of statistical studies looking at the operation
of the 1980 Hague Convention on the Civil Aspects of International
Child Abduction 63
Nigel Lowe and Victoria Stephens
PART IV THE 1980 HAGUE CONVENTION – IMPLEMENTATION
AND OPERATIONALISATION
6 The role of the Permanent Bureau in the operation of the HCCH 1980
Child Abduction Convention 80
Gérardine Goh Escolar
7 Fleeing for safety: Helping battered mothers and their children using
Article 13(1)(b) 97
Jeffrey Edleson, Sudha Shetty and Mary Fata
8 Child participation and the child objection exception 116
Rhona Schuz
9 Judicial activism: A 20-year evolution 132
Sir Mathew Thorpe
PART V INTERNATIONAL CHILD ABDUCTION IN SELECTED
GEOGRAPHICAL REGIONS
10 The European Court of Human Rights 150
Thalia Kruger and Sara Lembrechts
11 The Court of Justice of the European Union and international abduction
of children 164
Costanza Honorati
12 International child abduction in Aotearoa New Zealand, Australia and
the Pacific: Similarities and differences 180
Mark Henaghan, Christian Poland and Clement Kong
13 The 1980 Convention comes of age in the United States 192
Stephen Cullen and Kelly Powers
14 International child abduction in Asia 201
Yuko Nishitani
15 International child abduction in Africa 219
Julia Sloth-Nielsen
16 The Caribbean and international child abduction – this is my child:
catch me if you can! 233
Diahann Gordon Harrison
PART VI NON-HAGUE CONVENTION COUNTRIES
17 International child abduction and non-Hague Convention countries 245
Jeremy Morley
18 International child abduction in India 265
Anil Malhotra and Ranjit Malhotra
PART VII KEY PERSPECTIVES ON INTERNATIONAL CHILD
ABDUCTION AND HAGUE CONVENTION PROCEEDINGS
19 The CRC perspective in the context of international child abduction and
the 1980 Hague Convention 280
Ann Skelton
20 The continuing challenge of the 1980 Hague Convention – a judicial
perspective 299
The Honourable Mr Justice Alistair MacDonald
21 Legal perspective: Remedying international child abduction – the
impact of international developments upon the English legal approach 314
Henry Setright KC and Michael Gration KC
22 International child abduction from the perspective of a Central
Authority under the 1980 Hague Convention 332
Joëlle Schickel-Küng and Anna Claudia Alfieri
23 NGO/support services perspective: The importance of an independent
specialist centre on international family conflicts 346
Suzanne Labadie
24 Cross-border family mediation in parental child abduction cases 368
Ischtar Khalaf-Newsome
PART VIII REFLECTIONS AND FUTURE DIRECTIONS
25 Whither the 1980 Hague Abduction Convention? 388
Nigel Lowe KC (Hon)
26 Nurturing the 1980 Hague Abduction Convention 404
Marilyn Freeman and Nicola Taylor
430
Index
Foreword xvii
Acknowledgements xix
Spelling, reference or style conventions xx
List of abbreviations xxi
PART I INTRODUCTION AND KEY THEMES
1 Introduction and key themes 2
Nicola Taylor and Marilyn Freeman
PART II THE IMPACTS OF INTERNATIONAL CHILD ABDUCTION
2 Long-term reflections of a former milk carton kid 19
Sarah Cecilie Finkelstein Waters
3 Ghosts in our genes: Psychological issues in child abduction and high
conflict cases 30
Sarah Calvert
PART III THE 1980 HAGUE CONVENTION – HISTORY AND
LONGITUDINAL TRENDS
4 The global effort to deter parental kidnapping: A history of the Hague
Child Abduction Convention 47
Linda Elrod
5 The value and challenges of statistical studies looking at the operation
of the 1980 Hague Convention on the Civil Aspects of International
Child Abduction 63
Nigel Lowe and Victoria Stephens
PART IV THE 1980 HAGUE CONVENTION – IMPLEMENTATION
AND OPERATIONALISATION
6 The role of the Permanent Bureau in the operation of the HCCH 1980
Child Abduction Convention 80
Gérardine Goh Escolar
7 Fleeing for safety: Helping battered mothers and their children using
Article 13(1)(b) 97
Jeffrey Edleson, Sudha Shetty and Mary Fata
8 Child participation and the child objection exception 116
Rhona Schuz
9 Judicial activism: A 20-year evolution 132
Sir Mathew Thorpe
PART V INTERNATIONAL CHILD ABDUCTION IN SELECTED
GEOGRAPHICAL REGIONS
10 The European Court of Human Rights 150
Thalia Kruger and Sara Lembrechts
11 The Court of Justice of the European Union and international abduction
of children 164
Costanza Honorati
12 International child abduction in Aotearoa New Zealand, Australia and
the Pacific: Similarities and differences 180
Mark Henaghan, Christian Poland and Clement Kong
13 The 1980 Convention comes of age in the United States 192
Stephen Cullen and Kelly Powers
14 International child abduction in Asia 201
Yuko Nishitani
15 International child abduction in Africa 219
Julia Sloth-Nielsen
16 The Caribbean and international child abduction – this is my child:
catch me if you can! 233
Diahann Gordon Harrison
PART VI NON-HAGUE CONVENTION COUNTRIES
17 International child abduction and non-Hague Convention countries 245
Jeremy Morley
18 International child abduction in India 265
Anil Malhotra and Ranjit Malhotra
PART VII KEY PERSPECTIVES ON INTERNATIONAL CHILD
ABDUCTION AND HAGUE CONVENTION PROCEEDINGS
19 The CRC perspective in the context of international child abduction and
the 1980 Hague Convention 280
Ann Skelton
20 The continuing challenge of the 1980 Hague Convention – a judicial
perspective 299
The Honourable Mr Justice Alistair MacDonald
21 Legal perspective: Remedying international child abduction – the
impact of international developments upon the English legal approach 314
Henry Setright KC and Michael Gration KC
22 International child abduction from the perspective of a Central
Authority under the 1980 Hague Convention 332
Joëlle Schickel-Küng and Anna Claudia Alfieri
23 NGO/support services perspective: The importance of an independent
specialist centre on international family conflicts 346
Suzanne Labadie
24 Cross-border family mediation in parental child abduction cases 368
Ischtar Khalaf-Newsome
PART VIII REFLECTIONS AND FUTURE DIRECTIONS
25 Whither the 1980 Hague Abduction Convention? 388
Nigel Lowe KC (Hon)
26 Nurturing the 1980 Hague Abduction Convention 404
Marilyn Freeman and Nicola Taylor
430
Index
