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The Hague Child Abduction Convention has proved to be one of the most widely ratified treaties ever agreed at the Hague Conference on Private International Law. This book provides a much needed systematic analysis of the way in which the Convention has been applied in England and Scotland, with extensive reference to the case law of Australia, Canada, France, New Zealand and the United States. All the key provisions and terms of the Convention are thoroughly explored. The book also provides broader insights into the role of the Hague Conference and the use of habitual residence as a correcting factor. The aim of the Oxford Monographs in Private International Law series, edited by Peter Carter QC, is to publish works of quality and originality in a number of important areas of private international law. The series in intended for both scholarly and practitioner readers.
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The first edition of The Hague Convention on International Child Abduction was recognized by the United States Court of Appeals for the Ninth Circuit in the key judgement Mozes v. Mozes as 'the leading treatise on the Convention'. The second edition of The Hague Convention on International Child Abduction fully revises and updates the classic first edition, providing a distinct analysis and evaluation of the Convention as a global remedy for international child abductions, as well as offering the most comprehensive and authoritative examination of the core provisions that give rise to problems of interpretation and application in practice. Part I will be of interest to all readers seeking a deeper theoretical understanding of the instrument and the role it plays within the overall context of resolving child abductions. It leads readers to an assessment of whether the summary return mechanism remains a viable solution and whether the Convention will be able to endure into the coming decades.Part II draws on the strengths of the first edition in subjecting the core provisions and concepts of the Convention to a comparative analysis. Examples are drawn primarily from English language case law, but reference is also made to civil law jurisprudence. Part II will be of particular interest to practitioners specialising in international child abduction cases.