A Practical Guide to the 1996 Hague Child Protection Convention in Public Law Children Proceedings
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The 1996 Hague Convention in public law children cases is a practical guide for legal practitioners navigating international child protection cases. Often overshadowed by its better-known counterpart, the 1980 Hague Convention, the 1996 Hague Convention is a powerful yet underutilized instrument in public law proceedings. As such, this guide highlights how the 1996 Hague Convention operates at the intersection of public law and private international law. This book sheds light on its provisions, offering essential insights into jurisdiction, applicable law, recognition, and enforcement. Designe...
The 1996 Hague Convention in public law children cases is a practical guide for legal practitioners navigating international child protection cases. Often overshadowed by its better-known counterpart, the 1980 Hague Convention, the 1996 Hague Convention is a powerful yet underutilized instrument in public law proceedings. As such, this guide highlights how the 1996 Hague Convention operates at the intersection of public law and private international law. This book sheds light on its provisions, offering essential insights into jurisdiction, applicable law, recognition, and enforcement. Designed for barristers, solicitors, judges, and professionals working in child protection, this book provides a structured approach to applying the Convention in real-world cases. It examines key jurisdictional principles, such as habitual residence and the transfer of proceedings, while also addressing recognition and enforcement challenges. Special attention is given to the placement of children abroad, alternative care mechanisms, and the role of the guardian in ensuring the child's voice is heard. With a focus on case law from multiple jurisdictions, practical guidance from HCCH documentation, and procedural considerations, this book serves as an invaluable tool for those seeking to effectively apply the 1996 Hague Convention. Whether experienced or new to international child law, practitioners will find this an accessible resource for navigating the field of Convention cases. CONTENTS Chapter One: Introduction Chapter Two: The 1996 Hague Convention Chapter Three: Jurisdiction Chapter Four: Applicable Law Chapter Five: Recognition and Enforcement Chapter Six: Practical Effects of 1996 Hague Convention Orders Chapter Seven: Alterative Care Abroad Chapter Eight: Protective Measures in Child Abduction Cases Chapter Nine: The Placement of Children Abroad Under the Auspices of: Special Guardianship Orders, Child Arrangements Orders, Orders Conferring or Limiting Parental Responsibility, Other Public Law Orders Chapter Ten: Unaccompanied Minors Chapter Eleven: Guidance and Collaboration Chapter Twelve: Conclusion
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