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As the world becomes smaller, family law is becoming truly global, giving rise to more and more questions for private international law. This book looks at the sensitive and complex question of child abduction, with a unique children's right perspective. Taking Islamic law as its case study, it delves into child abduction in key jurisdictions from Iran to Saudi Arabia and Libya to Pakistan. Rigorous doctrinal analysis is enhanced by empirical insights, namely interviews with abductees, parents and professionals. It is an excellent guide to a complicated field.
Examines a complex global legal problem to demonstrate a compelling method for comparative legal, cultural, and social understanding.
International Parental Child Abduction is a harsh action of one parent, who usually belongs to another country by nationality or residence. Post marital disputes, a normal phenomenon of family life, may be solved unilaterally by one parent disappearing with all or some of the kids and taking refuge in his or her homeland. With modern global openness Muslims, traveling to this country or other for various reasons, may get married to spouses from the countries they have visited or lived in. In most cases they choose to live in the husband's country. The reverse is also true.However, in the heat of possible family disputes, crossing the borders home with the children will satisfy the angered parent and appears like finding a lifebuoy in an angry ocean. The Hague Convention on the Civil Aspects of International Child Abduction tries to bring the world family to agreement as to the appropriate and conformed solution of such unfair game by one parent towards both the other parent and the children. The merger of religion and law makes the position of Muslim countries towards this important treaty blurred.This Book tries to suggest feasible solutions.
The principles and good practices set out in this Guide serve the following purposes: they assist in the more effective implementation and application of those provisions of the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction which concern transfrontier contact . they draw attention to provisions of the Hague Convention of 19 October 1996 on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children which relate to transfrontier contact and which supplement the 1980 Convention, and provide guidance concerning their application . they provide an overall model for constructing an international system of co-operation designed to secure effective respect for rights of contact. As such, the Principles and Guide are intended to be helpful also to those States, which are not Parties to the Hague Conventions, but are considering how best to develop effective structures. ... The Guide is intended to be of particular use to judges and Central Authorities appointed under the 1980 or 1996 Conventions, as well as to governments and other professionals engaged in the development of policies concerning transfrontier contact.
Handling Hague abduction cases is challenging and fulfilling. Although Hague cases are tried very quickly, they still require an intimate knowledge of the Convention and of the voluminous case law that has developed around it. Hague cases also require a complete understanding of international child custody law in general and in particular, for U.S. practitioners, of the relationship between The Hague Convention and the Uniform Child Custody Jurisdiction & Enforcement Act. The Convention operates in the U.S. in ways that differ from those in other Hague countries. This is because of the federal legislation that implements the treaty, the concurrence of federal and state jurisdiction, the lack of a specialized group of judges who handle cases under the Convention, the uniform state legislation on child custody jurisdiction, and a host of other factors. When children are the subject of international family law disputes, the challenges are often great and emotions generally run high. Simply put, money can be divided but children cannot. This book is a must-have resource of any family law practitioner that wants to represent the best interests of his client and their heirs involved in a Hague case.
In 2010, the U.S. Department of Justice reported an average of 200,000 cases of parental kidnapping each year. More than just the byproduct of a nasty custody dispute, parental kidnapping--defined as one parent taking his or her child and denying access of the child to the other parent--represents a form of child abuse that has sometimes resulted in the sale, abandonment and even death of children. This candid exploration of parental kidnapping in America from the eighteenth century to the present clarifies many misconceptions and reveals how the external influences of American social, political, legal, and religious culture can exacerbate family conflict, creating a social atmosphere ripe for abduction.