The Hague Abduction Convention: Practical Issues and Procedures for Family Lawyers
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Every family lawyer should understand the workings of the Hague Convention on the Civil Aspects of International Child Abduction. This updated third edition of The Hague Abduction Convention explains for family lawyers how this critical treaty works in the United States, both in theory and in practice. The renowned author, Jeremy D. Morley, has enormous experience counseling clients and fellow practitioners as to international family law matters globally, as well as lecturing on international child custody law to audiences around the world.
Because family law is becoming increasingly internationalized with globalization, international relationships are common and international travel is growing. Family lawyers and judges may not be fully aware of the law and the voluminous case law that has developed around the Hague Convention. It operates in the United States in ways that are significantly different than in other Hague countries due to federal legislation that implements the treaty, the concurrence of federal and state jurisdiction, the uniform state legislation on child custody jurisdiction and a host of other factors.
This practical resource for U.S. practitioners explains the treaty’s operation in American courts, both federal and state, and unravels the relationship between the Hague Convention, the Uniform Child Custody Jurisdiction and Enforcement Act, and foreign child custody laws. Focusing mostly on what are sometimes called "incoming" abductions, or abductions from other countries into the U.S., this book addresses the issues of primary concern for practitioners, including:
- Procedural and practical issues
- Establishing the child's "habitual residence"
- Rights custody
- Provisions regarding consent and acquiescence to the child's removal
- "One-year-and-settled" exception
- Child's objection to the return
- "Grave risk of harm" exception
- Human rights exception
- Rights of access
- International relocation and travel, and more
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