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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 ISSN 1744-1048.
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Official URL: http://dx.doi.org/10.1080/17441048.2016.1206708
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 |
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| 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: |
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| 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 | ||||||
| Date of first compliant deposit: | 10 January 2019 | ||||||
| Date of first compliant Open Access: | 15 January 2019 | ||||||
| RIOXX Funder/Project Grant: |
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