Please use this identifier to cite or link to this item: http://hdl.handle.net/1893/30369
Appears in Collections:Law and Philosophy Journal Articles
Peer Review Status: Refereed
Title: Conflicts of EU courts on child abduction: the reality of Article 11(6)-(8) Brussels IIa proceedings across the EU
Author(s): Beaumont, Paul
Walker, Lara
Holliday, Jayne
Keywords: international family law
child abduction
intra-EU cases
Brussels IIa Regulation
Hague Child Abduction Convention
gender of abducting parent
right of a child to be heard
right of parents to be heard
grave risk of harm
child’s objections to return
consent
acquiescence
Issue Date: 2016
Citation: Beaumont P, Walker L & Holliday J (2016) Conflicts of EU courts on child abduction: the reality of Article 11(6)-(8) Brussels IIa proceedings across the EU. Journal of Private International Law, 12 (2), pp. 211-260. https://doi.org/10.1080/17441048.2016.1206708
Abstract: This 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.
DOI Link: 10.1080/17441048.2016.1206708
Rights: This is an Accepted Manuscript of an article published by Taylor & Francis Group in Journal of Private International Law on 5 Aug 2016, available online: http://www.tandfonline.com/10.1080/17441048.2016.1206708.
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