• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

International Child Abduction.

Extracts from this document...

Introduction

International Child Abduction Background Reading: Bainham, Children: The Modern Law (1998) pp577-593. Freeman, "Images of Child Welfare in Child Abduction Appeals" in Murphy (ed.), Ethnic Minorities, their Families and the Law (2000). Hale, "The View from Court 45" [1999] CFLQ 377. Hayes & Williams, Family Law: Principles, Policy and Practice (1999) ch. 5 Lowe & Douglas, Bromley's Family Law (1998) pp479-515. McClean, "International Child Abduction - Some Recent Trends" [1997] CFLQ 387. McClean & Beavers, "International Child Abduction - Back to Common Law Principles" [1995] CFLQ 128. A. Introduction There are two main issues of principle at stake in the context of child abduction. The first is the criminality of the wrong done to the innocent parent; the second is the threat to the child's welfare that is posed by an international abduction (e.g., the child may feel disturbed by profound cultural and linguistic difficulties). When children are abducted domestically, - i.e., within the UK - the police and others can help to restore the child to the proper custodian. When the child is abducted abroad, however, any court order made in Britain may not be enforceable (or recognised, as the case may be) ...read more.

Middle

[1990] 2 AC 562 (ii) Wrongfulness This concept is important because the Convention's provisions only apply to a `wrongful removal' or `wrongful retention'. Article 5 sets out the elements of wrongfulness. (iii) Removal and Retention These terms have been defined by the House of Lords in Re H, Re S [1991] 2 AC 476. Wrongful Removal is a single event involving the child being taken out of the country in which he or she is habitually resident . Wrongful Retention occurs when: (i) a child, initially taken out of the jurisdiction for a limited period, is subsequently held there beyond the period agreed by the parties, OR (ii) where the abductor declares his or her intention not to return the child at the end of the agreed limited period, OR (iii) if a court in the child's country of habitual residence makes an order granting custody rights to the other parent. (b) The Basic Mechanics of the Convention An application designed to secure the return of the child is made to one or other of the two Central Authorities under Article 8. This application discloses identification information about the abductor, the abductee and the place and person with whom the child is now believed to be. ...read more.

Conclusion

The applicant invokes the Convention in this respect in the same way that he would if he was seeking the return of a child. NOTE Re T (Minors) (Hague Convention: Access) [1993] 2 FLR 617 D. Non-Convention Abductions Here, there are two classes of children to consider: incoming abductees and outgoing abductees. 1. Children Abducted from Abroad Where a child is abducted from abroad, and brought to the UK, the question of the child's return is generally dealt with under the court's wardship jurisdiction (assuming the child and his family have sufficient connection with the UK for the court to be seised of jurisdiction). The relevant principles have evolved under the common law. Re F (Abduction: Jurisdiction) [1990] 3 All ER 97 Re JA (Child Abduction: Non-Convention Country) [1998] 1 FLR 231 2. Children Abducted from the UK Where a child is abducted from this country and taken to a non-Convention country, there is little by way of legal machinery to secure the child's return. The only prospects are either extradition of the abductor, or applying for an order from the English court if and when the abductor returns to the UK. JM/CL/V May 2003 4 1 ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our GCSE Child Development section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related GCSE Child Development essays

  1. Study of a child.

    started, then she will begin to use her legs for a wile. (*Children are becoming more social and willing to play with other children. Speech modulating in loudness and range of pitch. Large vocabulary intelligible even to strangers, but speech still contains many immature phonetic substitutions and unconventional grammatical forms.)

  2. Why family structures are changing.

    Jakes intellectual needs are very high he loves to read and is very high up in his profession, any course available for his profession he takes it and has passed them all, he also love to watch quiz shows to improve his general knowledge.

  1. Protecting children-A Good Practice Guide. Child Protection ...

    8. Inappropriate seeking of attention. 9. Escape attempts, e.g. running away, sleeping out, suicide attempts or substance misuse. 10. Elective mutism. "Emotional abuse is the persistent emotional ill-treatment of a child such as to cause severe and persistent adverse effects on the child's emotional development. It may involve conveying to children that are worthless or unloved.

  2. THE TRUTH ON AUTHORITATIVE PARENTING STLYE

    Elsewhere he said, "When a youngster tries . . . stiff-necked rebellion, you had better take it out of him, and pain is a marvelous purifier" (p. 16). Authoritative Parenting Style 6 A third best-seller presents more of a balance between the two extremes represented by Gordon and Dobson.

  1. The main aim of this paper is to compare and contrast parental rights and ...

    In the case of Nyalongwe v Lungu,19the parties had contracted a marriage in accordance with the patrilineal system of Mzimba.The lower court granted a decree of divorce to Mr. Lungu on the flimsy reasons that his wife had privately gone to seek some African medicine; that the wife had an

  2. Legal & Welfare

    person in looking at or the production of pornographic material or watching sexual activities, or encouraging them to behave in sexually inappropriate ways. Emotional abuse is the persistent emotional ill treatment such as to cause severe and persistent adverse effects on the child's emotional development.

  1. The Convention of Teenage Fatherhood

    "Well they obviously are gunna think that, 'oh he's a bad kid y'know having sex; he's too young.' and there's always most teenage dads aren't there to take care of their kids but for those who are there they aren't given enough credit where credit would be due.

  2. The representation of Islands in Peter Pan and Return of the Soldier

    and gone back to a simpler time of innocence and safety 'with just the boyish manner he might have used fifteen years ago'.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work