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Family Law student resources is no longer available and it was replaced by Family Law 2e.
Chapter 14 Resource bank
Chapter 14 Resource bank
International family law
Hague Convention on the Civil Aspects of International Child Abduction 1980
Access to the original text of the Convention governing parental child abduction and return procedures across the world, including in the USA, Canada, Australia, South Africa and throughout the EU.
https://assets.hcch.net/docs/e86d9f72-dc8d-46f3-b3bf-e102911c8532.pdf
Statistical usage of Hague Abduction Convention 1980
Provides research data on the use of the Child Abduction Convention 1980. Includes details of the number of applications for return of children from each signatory State, time taken for return, the form of return of the child, and reasons for refusal where return of the child is not ordered.
https://www.hcch.net/en/instruments/conventions/publications1/?dtid=32&cid=24
Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in Respect of Parental Responsibility and Measures for the Protection of Children 1996
Access to the original text of the global Convention governing jurisdiction and recognition of judgments relating to children, of which the UK is a signatory state.
https://www.hcch.net/en/instruments/conventions/publications1/?dtid=32&cid=24
Brussels II Revised Regulation
Access to the original text of the EU Regulation governing parental child abduction, recognition of divorce judgments and judgments relating to children between the EU Member States. This Regulation is due to be revised by the EU, and the UK will no longer be bound by it after ‘Brexit’.
Proposal for a Council Regulation on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction (recast) COM(2016) 411 final
Provides details of the proposed revisions to the Brussels II Revised Regulation within the EU, subject to negotiation between the EU Member States before final adoption.
https://ec.europa.eu/transparency/regdoc/rep/1/2016/EN/1-2016-411-EN-F1-1.PDF
Statistics on Family Forms within the EU
Gives statistical information about the nature of family life in the EU and how this has changed over time. Highlights that partners are now less likely to marry and children are more likely to be born outside marriage, and the rise in the status of civil partnership across the Member States.
EU Cooperation on Family Law after ‘Brexit’ Government proposals
Original text of the UK government’s proposal for arrangements with the EU regarding family law and other areas of civil law cooperation post-Brexit. Suggests an individual arrangement between the UK and the Member States could preserve the current system under the Brussels II Revised Regulation.
Pew Research Centre ‘Gay Marriage Around the World’
Provides a summary of the status of gay marriage rights in different countries around the world, identifying the country and the process by which gay marriage became legal in each jurisdiction.
http://www.pewforum.org/2017/08/08/gay-marriage-around-the-world-2013/
In the Matter of HA (A Child) (No.2) [2015] EWHC 1310 (Fam)
This case considers the transfer of cases of child protection from the UK to another EU country under the Brussels II Revised Regulation, where the child is a national of another Member State. Highlights the problems of effectively transferring a case to another legal system and the failures that can arise.
http://www.bailii.org/ew/cases/EWHC/Fam/2015/1310.html
Case 491/10 Aguirre-Zarrage v Pelz
This case is a CJEU preliminary reference on the conduct of child abduction proceedings between the Member States. The child had been unlawfully retained in Germany, where the courts had refused to return the child, despite a court order from Spain, the country of her habitual residence, requiring her return. Considers the role of Art.24 EU Charter in protecting the fundamental right of the child to be heard in proceedings.
Westminster CC v C and Others [2008] EWCA Civ 198
This case considers capacity to consent to marriage, and recognition and acceptance of a valid foreign marriage in English law. Recognition of a marriage valid under Bangladeshi law was refused on the grounds of public policy as the husband in England did not have capacity to consent to the marriage.
http://www.bailii.org/ew/cases/EWCA/Civ/2008/198.html
Woman’s Hour Debate on Child Abduction
Explores the impact of parental child abduction on families, and the difficulties of returning children from Pakistan, which is not a signatory to the Hague Convention on the Civil Aspects of International Child Abduction 1980.
http://www.bbc.co.uk/radio4/womanshour/03/2008_26_thu.shtml
European University Institute Panel debate on implications of Brexit
The EUI panel considers the legal implications of ‘Brexit’, including for family law.