Domestic Violence and Parental Child Abduction

This book addresses the issue of mothers who, fleeing from domestic violence, take their children with them and thus become liable for international child abduction. It examines how protection measures can help the abducting mother in this context, with a special focus on the utility of Regulation 606/2013 on mutual recognition of protection measures in civil matters and Directive 2011/99/EU on the European Protection Order, which allow cross-border circulation of protection measures.
Auteur(s):
Katarina Trimmings, Anatol Dutta, Costanza Honorati, Mirela Zupan
boek | verschenen | 1e editie
juli 2022 | xviii + 284 blz.

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ISBN 9781839702457




Verschijnt 29 juli 2022

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This book will be made available open access in e-book formats and online via IntersentiaOnline thanks to financing by the European Union’s Rights, Equality and Citizenship Programme 2014–2020.

This book focuses on the protection of abducting mothers who have been subject to return proceedings under the 1980 Hague Abduction Convention and the Brussels IIa Regulation, in circumstances where the child abduction has been motivated by acts of domestic violence from the left-behind father. The utility of Regulation 606/2013 on mutual recognition of protection measures in civil matters and Directive 2011/99/EU on the European Protection Order, and how protection measures can be used to protect abducting mothers, are examined within this context. Both instruments allow cross-border circulation of protection measures but, so far, have not attracted much attention in practice. This book aims to fill that gap.

Domestic Violence and Parental Child Abduction is the culmination of the POAM (Protection of Abducting Mothers in Return Proceedings) project, a collaborative research project conducted between 2019 and 2021. It presents and analyses the findings of the project and brings together contributions by the project partners, as well as by other renowned experts. The book also presents a Best Practice Guide developed for the application of Regulation 606/2013 and Directive 2011/99/EU in child abduction cases committed against the background of domestic violence.

The book offers a unique perspective on the problem of international parental child abductions committed against the background of domestic violence. Given its practical focus, it will appeal not only to an academic audience but also to judges, legal practitioners and other professionals working in the area of parental child abduction.

With a foreword by Thalia Kruger (University of Antwerp) and contributions by Anatol Dutta (Ludwig Maximilian University of Munich), Marilyn Freeman (University of Westminster), Jan von Hein (University of Freiburg), Costanza Honorati (University of MilanoBicocca), Onyója Momoh (University of Aberdeen), Marin Mrčela (Supreme Court of the Republic of Croatia), Johanna Niemi (University of Helsinki), Laura-Maria Poikela (University of Turku), Nicola Taylor (University of Otago), Tatjana Tertsch (Ludwig Maximilian University of Munich), Katarina Trimmings (University of Aberdeen), Michael Wilderspin (Former Legal Adviser to the European Commission) and Mirela Župan (Josip Juraj Strossmayer University of Osijek).

KATARINA TRIMMINGS is a Senior Lecturer in Law at the University of Aberdeen, and the Director of the Aberdeen Centre for Private International Law. She has written extensively on cross-border parental child abduction, and published a monograph titled Child Abduction within the European Union (Hart Publishing, 2013), and is one of the authors of the 15th edition of Cheshire’s Private International Law (Oxford University Press, 2017). She led the EU-funded project ‘Protection of Abducting Mothers in Return Proceedings: Intersection between Domestic Violence and Parental Child Abduction’ (POAM, 2019-2021).

ANATOL DUTTA holds a Chair of Private Law, Private International Law and Comparative Law at the Ludwig Maximilian University of Munich. Previously, he was Fellow at the Max Planck Institute for Comparative and International Private Law in Hamburg (2003-2014) and was Professor at the University of Regensburg (2014-2017). Anatol Dutta is a member of the editorial board of Zeitschrift für das gesamte Familienrecht (FamRZ), a leading family law journal for practitioners and academics in Germany and is a member of the German Council of Private International Law. He has a special interest in family and succession law, from a private international law as well as a comparative and interdisciplinary perspective.

COSTANZA HONORATI is a Full Professor of European Union Law at the Milano-Bicocca University, School of Law where she also holds the Chair of EU Private International Law. She has been Co-ordinator of the PhD Program in European Union Law since 2017 and was the Head of the PhD School between 2009 and 2013. She is currently Chair of the EU Commission’s Working Group on a Guide to the Maintenance Regulation and was previously a member of the Expert Group assisting the Commission on the Recast of the Brussels IIa Regulation (2015). She has been a Visiting Scholar and Visiting Professor at several institutions). She is a member of the Editorial Board of Rivista di diritto internazionale privato e processuale and the Special Editor for private international law of European Papers.

MIRELA ŽUPAN is a Full Professor at the University of Osijek, Faculty of Law, and Head of the PhD Programme in Law. Her main professional interests include private international law of family and contractual matters, as well as the impacts of ICT on law and the protection of the vulnerable (children, adults, companion animals). She was awarded the Max-Planck Society Doctoral and Postdoctoral Grant from the Max Planck Institute for Comparative and International Private Law in Hamburg. As a member of several research groups, she has organised and participated in conferences, seminars and workshops, and has published a number of books, chapters and papers. She has acted as a member of the Expert Group assisting the Commission on the Recast of the Brussels IIa Regulation and was nominated as a national reporter for European Commission studies.

Inhoudsopgave

Table of Contents and Preliminary Pages (p. 0)

PART I. CROSS-BORDER PROTECTIVE MEASURES IN THE EU: WEAKNESSES OF THE CURRENT REGIME

The Cross-Border Circulation of Protection Measures under Regulation 606/2013 (p. 3)

Cross-Border Recognition under Directive 2011/99/EU (p. 15)

PART II. PROTECTIVE MEASURES IN THE CONTEXT OF INTERNATIONAL PARENTAL CHILD ABDUCTION

Domestic Violence as an Aspect of 1980 Hague Child Abduction Convention Return Proceedings (p. 39)

The Need for Cross-Border Protective Measures in Return Proceedings (p. 67)

The Law Applicable to Cross-Border Protective Measures In and Outside of Return Proceedings: Do All Roads Lead to the Lex Fori? (p. 83)

Implementation of Cross-Border Protective Measures in Return Proceedings: Problems of Evidence under National Procedural Law (p. 107)

Jurisdiction to Take Protective Measures in the State of Refuge in Child Abduction Cases (p. 139)

The Cross-Border Circulation of Civil Protective Measures Issued in the Context of Return Proceedings (p. 161)

The Potential Role of Regulation 606/2013 in Protecting the Abducting Parent in Return Proceedings (p. 177)

Protective and Return-Seeking Parents: The Power of Language in Child Abduction Law (p. 187)

Best Practice Guide on the Protection of Abducting Mothers in Return Proceedings (p. 215)