The Hague Convention on International Child Abduction

Paul Beaumont and Peter McEleavy

Oxford Private International Law Series

Ground breaking systematic analysis of how the Convention has been applied in England and Scotland
Includes detailed commentary on the Articles of the Convention
Offers practical insights into the increasing problem of abduction of children across international frontiers
Extensive comparative coverage of case-law from Australia, Canada, France, New Zealand and the US

The Hague Convention on International Child Abduction

Paul Beaumont and Peter McEleavy

Oxford Private International Law Series

Description

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.

The Hague Convention on International Child Abduction

Paul Beaumont and Peter McEleavy

Oxford Private International Law Series

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, 2
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

The Hague Convention on International Child Abduction

Paul Beaumont and Peter McEleavy

Oxford Private International Law Series

Author Information

Paul Beaumont, Professor of European Union and Private International Law, University of Aberdeen, and Peter McEleavy, Part-time Lecturer in Law, London School of Economics

The Hague Convention on International Child Abduction

Paul Beaumont and Peter McEleavy

Oxford Private International Law Series

Reviews and Awards

"Written in a clear and elegant style, this monograph accomplishes its goals of presenting the convention in its practical and theoretical aspects, drawing on a broad spectrum of sources, both judicial and academic, in an international perspective. The Oxford series has set a very high standard, and Beaumont & McEleavy have certainly lived up to it." - McGill Law Journal

"... valuable to anyone seeking clear and detailed explanations of how the convention actually works." - McGill Law Journal

"... provides a timely examination of the theoretical and practical aspects of the Hague Convention." - McGill Law Journal

"... a significant contribution to the literature on transborder child custody and the international community's response to it." - McGill Law Journal

"This is a book of first class scholarship ... the authors offer thoughtful and incisive criticism on every topic. No one working in the area of international family law will want to be without this book. Anyone considering writing a legal commentary on an international convention would be wise to study what is a truly exemplary work." - International and Comparative Law Quarterly

"The important Oxford Monographs in Private International Law series has recently been enriched by this book devoted to one of the most widely ratified Hague Conventions: the 1980 Convention on international child-kidnapping." - Revue Critique de Droit Internationale Privé

"... this book provides a wealth of information from both the social and legal points of view ... this text should be a standard referencee work in regards to the Hague Convention on International Child Abduction." - Mediterranean Journal of Human Rights