Children in cross-border situations: relocation, the Hague Convention on Child Protection 1996 and the Brussels IIbis Regulation 2003

Authored by: Rob George

Routledge Handbook of Family Law and Policy

Print publication date:  May  2014
Online publication date:  May  2014

Print ISBN: 9780415640404
eBook ISBN: 9780203796221
Adobe ISBN: 9781134447534

10.4324/9780203796221.ch7_2

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Abstract

One of the biggest policy challenges for family law in an increasingly globalised society is the creation of effective international legal instruments to protect children who are involved in cross-border situations. The global community has responded to these challenges in a number of ways. Some approaches have focused on particular policy challenges, such as international child abduction or international child adoption (both of which are addressed in Chapter 7.1 of this book), 1 while others have been broader in their scope. This chapter discusses the policy challenges inherent in formulating such international legal instruments and the policy challenges which arise in terms of their interpretation and implementation once in force. To explore these challenges, two case studies are used. The first, which looks at the challenge of agreeing an international approach in the first place, comes from the law of relocation disputes; the second, looking at the challenges arising once an international legal instrument is in place, is the working of the Hague Convention on Child Protection 1996 2 and the Brussels IIbis Regulation 2003. 3

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