International child abduction
Subtitle: the inadequacies of the law
By: Thalia Kruger
Series: Studies in private international law -- v. 6; Studies in private international law -- v. 6.
Publisher: Hart Pub.
Published: 2011
Place of publication: Oxford; Portland, Ore
Language: eng
Number of pages: 272
ISBN-13: 9781849461566
Subjects: Custody of children; Parental kidnapping
Description: "This book encompasses all aspects of international child abduction through the lens of an empirical study of the open files on abductions to and from Belgium in 2007 and 2008. It sheds light on the operations of the Hague Child Abduction Convention of 1980, on Brussels IIa (referred to in the book as Brussels IIbis), on the bilateral agreements that Belgium has with Morocco and Tunisia, and on cases of child abduction where no international instrument applied. However the book is not a piece of traditional, analytical legal scholarship. Instead, the book reveals to us the stories of the left-behind parents, a few of the abducting parents, and many of the professionals involved (e.g. lawyers, judges, psychologists, and people working for Central Authorities)"--From series editors' preface.

"International child abduction occurs when one parent wrongfully (ie in breach of the parental responsibility of the other parent) takes a child to a country other than that of the child's habitual residence, or wrongfully keeps a child in such country. The author of this work was part of a research team that conducted a study, partially funded by the European Commission, to examine this problem in Belgium and Hungary, analysing cases from 2007 and 2008 and interviewing affected parents. This book is a revised version of the Belgian research report, which sets the problem of child abduction within its international context. It looks at the families in which abductions took place, how preparations were made for abduction, the quest for the return of the child (including legal proceedings) and the aftermath of the abductions. Throughout the book, the results of the quantitative and qualitative data are explained. What emerges is that when a child is abducted, the solutions offered by the law are often inadequate. Family conflict is a complex societal issue, and child abduction is a severe form of family conflict. Rather than responding to child abduction with strict and contentious legal proceedings, the book argues that solutions based on respect, psychological assistance, and a search for consensus should be favoured"--Provided by publisher.
Notes: Includes bibliographical references (p. [251]-259) and index.
Table of contents: title: The research project and book structure; title: Terminology; title: The child; title: The family; title: The abduction; title: The quest for return; title: Life while the child is away; title: Aftermath; title: Prevention of international child abduction; title: Conclusion.