Child Abduction: Recent Jurisprudence of the European Court of Human Rights

Paul Beaumont, Katarina Trimmings, Lara Walker, Jayne Holliday

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11 Citations (Scopus)

Abstract

This article examines how the European Court of Human Rights has clarified its jurisprudence on how the 1980 Hague Child Abduction Convention Article 13 exceptions are to be applied in a manner that is consistent with Article 8 of the European Convention on Human Rights. It also analyses recent case law of the European Court of Human Rights on how the courts in the EU are to handle child abduction cases where the courts of the habitual residence have made use of their power under Article 11 of Brussels IIa.
Original languageEnglish
Pages (from-to)39-63
Number of pages25
JournalInternational and Comparative Law Quarterly
Volume64
Issue number1
Early online date29 Jan 2015
DOIs
Publication statusPublished - Jan 2015

Keywords

  • Brussels IIa Regulation
  • case law
  • child abduction
  • consistency
  • European Court of Human Rights
  • Hague Convention on the Civil Aspects of International Child Abduction

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