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With a focus on the 1980 Hague Convention, this cutting-edge Research Handbook provides a holistic overview of the law on international child abduction from prevention, through voluntary agreements and Convention proceedings, to post-return and aftercare issues.Discussing the repercussions of abduction from the perspectives of both abducted children and the therapeutic and family justice professionals engaged in their cases, chapters consider the contributions of the many professionals and key agencies involved in the field. Identifying the 1980 Hague Convention as the principal global instrument for dealing with child abduction, the Research Handbook traces its role, history, development and impact, alongside the mechanisms required for its effective use. Evaluating current trends, areas of concern in legal/judicial practice and various regional initiatives, it also considers alternatives to high-conflict court proceedings in international child abduction cases. The Convention's strengths, successes, weaknesses and gaps are discussed, and the Research Handbook concludes by addressing how best to tackle the challenges in its future operation.Interdisciplinary and accessible in approach, the contributions from renowned subject specialists will prove useful to students and scholars of human rights and family law, international law and the intersections between law and gender studies, politics and sociology. Its combination of research, policy and practice will be of value to legal practitioners working in family law alongside NGOs and central authorities active in the field.

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 issuesEstablishing the child's'habitual residence'Rights custodyProvisions regarding consent and acquiescence to the child's removal'One-year-and-settled'exceptionChild's objection to the return'Grave risk of harm'exceptionHuman rights exceptionRights of accessInternational relocation and travel, and more

This book addresses the concept of parental alienation – the belief that when a child of divorced parents avoids one parent, it may be because the preferred parent has persuaded the child to do this. It argues against the unquestioning use of parental alienation concepts in child custody conflicts.Increasing use of this concept in family courts has led at times to placement of children with abusive or violent parents, damage to the lives of preferred parents, and the use of treatments that have not been shown to be safe or effective. The 13 chapters cover the history and theory of'parental alienation'principles and practices. Methodological and research issues are considered, and diagnostic and treatment methods associated with'parental alienation'beliefs as well as those recommended by research and ethical evidence are analyzed. The connections of'parental alienation'with gender and domestic violence issues are discussed as are the experiences of individuals who have experienced'parental alienation'treatments. The book argues that'parental alienation'principles and practices should be avoided by family courts, in the best interests of children in custody disputes.This book will be useful reading for lawyers, judges, children's services workers including social workers, child protection court workers, and mental health professionals involved in child custody decisions.

This multidisciplinary volume offers an essential, comprehensive study of perspectives on the scope and application of the best interests of the child and focuses mainly on its application in relation to child custody.With expert contributions from psychological, sociological and legal perspectives, it offers scientific analysis and debate on whether it should be the primary consideration in deciding child custody cases in cases of divorce or separation or whether it should be one of several primary considerations. It explores complex dilemmas inherent in shared parenting and whether the advantages it offers children are sufficient when compared to attributing custody to one parent and limiting visitation rights of the other. Offering a comprehensive analysis of this complex topic, chapters provide detailed insight into the current state of research in this area, as well as expert guidelines aimed at resolving the controversies when parents agree or disagree over their children's living arrangements. Cutting-edge topics explored include: transnational shared parenting; alternative dispute resolution; breastfeeding parents; religious disputes between parents and the psychological, social and economic factors that affect shared parenting.The Routledge International Handbook of Shared Parenting and Best Interest of the Child will be essential reading for scholars and graduate students in law, psychology, sociology and economics interested in shared parenting and family law.

Handling Hague abduction cases is challenging and fulfilling. Although Hague cases are tried very quickly, they still require an intimate knowledge of the Convention and of the voluminous case law that has developed around it. Hague cases also require a complete understanding of international child custody law in general and in particular, for U.S. practitioners, of the relationship between The Hague Convention and the Uniform Child Custody Jurisdiction & Enforcement Act.When children are the subject of international family law disputes, the challenges are often great and emotions generally run high. Simply put, money can be divided but children cannot. This book is a must-have resource of any family law practitioner that wants to represent the best interests of his client and their heirs involved in a Hague case.

In Children Held Hostage, Stanley Clawar and Brynne Rivlin use important new research involving over 1,000 families to demonstrate that children can and are being used by parents in the divorce battle. Their research shows how negative actions by parents toward their children show up in court proceedings where children testify or are questioned by mental health professionals. The major issue in confronting this problem of programmed and brainwashed children has been identification of a child alienated by one parent against the other; proving it in court; and then finding a solution that not only works, but that a court will buy into. The updated edition of Children Held Hostage explains these issues in detail, with practice-focused explanations on every step in the process. The authors offer further insights into gender issues and differences. Other new material includes a social-psychological profile of programmers and brainwashers; identification of the most commonly asked questions by judges, target parents, lawyers and children; an expanded social explanation to the causes, impact, and interventions; development of an abductor profile; charts to visualize key findings and processes; and much more.