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Conflicts of EU courts on child abduction: the reality of Article 11(6)-(8) Brussels IIa proceedings across the EU

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Beaumont, Paul, Walker, Lara and Holliday, Jayne (2016) Conflicts of EU courts on child abduction: the reality of Article 11(6)-(8) Brussels IIa proceedings across the EU. Journal of Private International Law, 12 (2). pp. 211-260. doi:10.1080/17441048.2016.1206708

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Official URL: http://dx.doi.org/10.1080/17441048.2016.1206708

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Abstract

This article contains the final findings from a research project funded by the Nuffield Foundation and conducted by the authors on “Conflicts of EU Courts on Child Abduction”. Such “conflicts” were deliberately created by the EU legislature when it created a power in Article 11(6)-(8) of the Brussels IIa Regulation for the courts of the habitual residence to insist on the return of a child that has been abducted after a court in the State where the child was abducted to has refused to return the child on the basis of one of the exceptions to the duty to return provided for in Article 13 of the Hague Child Abduction Convention 1980. It will reveal how infrequently used and largely ineffective the Article 11(6)-(8) system is and will make proposals for law reform in the current revision of the Brussels IIa Regulation.

Item Type: Journal Article
Subjects: H Social Sciences > HV Social pathology. Social and public welfare
K Law [Moys] > KW European Union Law
Divisions: Faculty of Social Sciences > School of Law
Library of Congress Subject Headings (LCSH): Kidnapping -- Law and legislation -- European Union countries, Child welfare
Journal or Publication Title: Journal of Private International Law
Publisher: Hart Publishing Ltd.
ISSN: 1744-1048
Official Date: 5 August 2016
Dates:
DateEvent
5 August 2016Published
1 July 2016Accepted
Volume: 12
Number: 2
Page Range: pp. 211-260
DOI: 10.1080/17441048.2016.1206708
Status: Peer Reviewed
Publication Status: Published
Reuse Statement (publisher, data, author rights): “This is an Accepted Manuscript of an article published by Taylor & Francis in Journal of Private International Law on 05/08/2016 available online: http://www.tandfonline.com/10.1080/17441048.2016.1206708
Access rights to Published version: Restricted or Subscription Access
RIOXX Funder/Project Grant:
Project/Grant IDRIOXX Funder NameFunder ID
UNSPECIFIEDNuffield Foundationhttp://dx.doi.org/10.13039/501100000279

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