Conflicts of EU.pdf (797.46 kB)
Conflicts of EU courts on child abduction: the reality of Art 11(6)-(8) Brussels IIa proceedings across the EU
journal contribution
posted on 2023-06-09, 01:39 authored by Paul Beaumont, Lara Walker, Jayne HollidayThis 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.
Funding
Conflict of EU courts on child abduction; Nuffield Foundation
History
Publication status
- Published
File Version
- Accepted version
Journal
Journal of Private International LawISSN
1744-1048Publisher
Taylor & FrancisExternal DOI
Issue
2Volume
12Page range
211-260Department affiliated with
- Law Publications
Full text available
- Yes
Peer reviewed?
- Yes
Legacy Posted Date
2016-06-14First Open Access (FOA) Date
2018-02-05First Compliant Deposit (FCD) Date
2016-06-13Usage metrics
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