University of Sussex
Browse
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

Download (797.46 kB)
journal contribution
posted on 2023-06-09, 01:39 authored by Paul Beaumont, Lara Walker, Jayne Holliday
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.

Funding

Conflict of EU courts on child abduction; Nuffield Foundation

History

Publication status

  • Published

File Version

  • Accepted version

Journal

Journal of Private International Law

ISSN

1744-1048

Publisher

Taylor & Francis

Issue

2

Volume

12

Page range

211-260

Department affiliated with

  • Law Publications

Full text available

  • Yes

Peer reviewed?

  • Yes

Legacy Posted Date

2016-06-14

First Open Access (FOA) Date

2018-02-05

First Compliant Deposit (FCD) Date

2016-06-13

Usage metrics

    University of Sussex (Publications)

    Categories

    No categories selected

    Exports

    RefWorks
    BibTeX
    Ref. manager
    Endnote
    DataCite
    NLM
    DC