The Hague Convention on International Child Abduction

The Hague Child Abduction Convention has proved to be one of the most widely ratified treaties ever agreed at the Hague Conference on Private International Law. This book provides a much needed systematic analysis of the way in which the Convention has been applied in England and Scotland, with extensive reference to the case law of Australia, Canada, France, New Zealand and the United States. All the key provisions and terms of the Convention are thoroughly explored. The book also provides broader insights into the role of the Hague Conference and the use of habitual residence as a correcting factor. The aim of the Oxford Monographs in Private International Law series, edited by Peter Carter QC, is to publish works of quality and originality in a number of important areas of private international law. The series in intended for both scholarly and practitioner readers.

General Editor's Preface ; Preface ; Table of Cases ; Table of Legislation ; Introduction ; Sociological Review and Analysis of International Child Abduction ; The Evolution of an International Convention: The Hague Model ; Aims ; Removal and Retention ; Rights of Custody ; Habitual residence ; Article 13(1)(a): Has the Dispossessed Parent Consented or Subsequently Acquiesced in the Removal or Retention? ; The Protection of Children where a return may result in Harm: Article 13(1)(b), Undertakings & Article 20 ; The Right of a Mature Minor to object to a Return: Article 13 ; Article 12(2): The Child is now settled in its New Environment ; Rights of Access ; Relationship of the Hague Convention with Other International Instruments ; Interpretation ; The Child Abduction Convention in Practice ; Conclusions ; Appendix 1: English and French Text of the Convention ; Appendix 2: Table of Ratifications and Accessions ; Appendix 3: Hague Convention Statistics ; Index