Presenting the findings of a study of 100 care cases, this book provides rigorous analysis of how jurisdictional issues are determined and how information sharing of child protection operates across borders. It draws on the first empirical study of the operation of private international law instruments (Brussels IIa and the 1996 Hague Convention) in care proceedings in England. It also illustrates how prospective carers are assessed and the routes which are used to secure legal permanence for children living overseas. In so doing, it identifies all the ways in which children's welfare…mehr
Presenting the findings of a study of 100 care cases, this book provides rigorous analysis of how jurisdictional issues are determined and how information sharing of child protection operates across borders. It draws on the first empirical study of the operation of private international law instruments (Brussels IIa and the 1996 Hague Convention) in care proceedings in England. It also illustrates how prospective carers are assessed and the routes which are used to secure legal permanence for children living overseas. In so doing, it identifies all the ways in which children's welfare interests are compromised in the cross-border context. But it does suggest solutions: identifying how private international law instruments, their interpretation and application, should be improved to promote the best interests of children. This is an impressive work, which will be invaluable to both scholars and practitioners.
Maria Sofia Wright is a practising English Solicitor, UK.
Inhaltsangabe
Foreword Acknowledgements Table of Abbreviations Tables of Cases Tables of Legislation Chapter 1. Introduction I. Structure and Methodology Chapter 2. Private International Law and the Regulation of State Child Protection Measures I. The Boll Case and the 1902 Guardianship Convention II. The Convention Concerning the Powers of Authorities and the Law Applicable in Respect of the Protection of Infants 1961 III. The 1996 Hague Convention IV. The Development of Brussels IIa V. Conclusion Chapter 3. Forum Issues in Care Proceedings I. Introduction - Jurisdiction and Welfare under BIIa/HC96 II. The Welfare Impact of Jurisdictional Decisions. III. Jurisdictional Decisions and Eekelaar's 'Direct' and 'Indirect' Welfare Paradigm IV. Transfers of Jurisdiction and Best Interests V. Determinations of Habitual Residence and Best Interests VI. Jurisdiction and Families Fleeing Care Proceedings VII. Jurisdiction in Care Proceedings which do not engage Brussels IIa and 1996 Hague Convention VIII. Conclusion: Jurisdiction and Welfare Chapter 4. Practice and Permanence in Care Proceedings with an International Element I. Introduction II. Permanence III. Changing Approaches to Permanence - Policy, Practice and Reforms IV. Kinship Care: Inadequate Assessments and Untested Placements V. Conclusion Chapter 5. Findings on The Operation of Jurisdictional Rules in BIIa / HC96 in Care Proceedings I. Introduction II. 'Framing' a Case as Having an International Element III. Identifying and Exploring Jurisdictional Issues IV. Jurisdictional Arguments, Litigation Strategies, Decisions which Impact on Welfare V. Summary Conclusions: Jurisdiction in Care Proceedings Chapter 6. Findings on Requesting and Exchanging Child Protection Information in Care Proceedings I. Introduction II. Information about Prior Child Protection Interventions Overseas III. Communicating Child Protection Concerns in 'Known Flight' Cases IV. Communicating Child Protection Concerns in 'Unknown Flight' or 'Planned Relocation' Cases V. Exchanging Child Protection Information: Comparison with Domestic Cases VI. Summary Conclusions: Co-Operation to Exchange Child Protection Information Chapter 7. Findings on Overseas Assessments in Care Proceedings I. Overseas Assessments: Domestic Context II. Overseas Assessments: Which Method? III. Deciding Whether to Conduct and Overseas Kinship Assessment IV. Adequacy of Overseas Assessments V. Assessing a Prospective Kinship Carer's Relationship with the Child VI. 'Top-Up' Assessments by Social Workers Travelling Overseas: 'One of our own'. VII. Family Members Travelling to the UK for 'Top-Up' Assessments VIII. 'Testing' an Overseas Kinship Placement IX. Summary Conclusions: Overseas Assessments Chapter 8. Findings on Overseas Kinship Placements I. Introduction II. Consent to Place a Child in a BIIa/HC96 State. III. Securing Legal Permanence Overseas: Recognition and Enforcement under BIIa/HC96 and Mirror Orders IV. Conclusion Chapter 9. Conclusions and Recommendations Appendix: Sample Description I. The Index Child - Age and Gender as Recorded. II. Mothers and Fathers III. Family Composition IV. Siblings V. Family Residence VI. Ethnicity VII. Family Nationality VIII. Family Immigration Status Bibliography
Foreword Acknowledgements Table of Abbreviations Tables of Cases Tables of Legislation Chapter 1. Introduction I. Structure and Methodology Chapter 2. Private International Law and the Regulation of State Child Protection Measures I. The Boll Case and the 1902 Guardianship Convention II. The Convention Concerning the Powers of Authorities and the Law Applicable in Respect of the Protection of Infants 1961 III. The 1996 Hague Convention IV. The Development of Brussels IIa V. Conclusion Chapter 3. Forum Issues in Care Proceedings I. Introduction - Jurisdiction and Welfare under BIIa/HC96 II. The Welfare Impact of Jurisdictional Decisions. III. Jurisdictional Decisions and Eekelaar's 'Direct' and 'Indirect' Welfare Paradigm IV. Transfers of Jurisdiction and Best Interests V. Determinations of Habitual Residence and Best Interests VI. Jurisdiction and Families Fleeing Care Proceedings VII. Jurisdiction in Care Proceedings which do not engage Brussels IIa and 1996 Hague Convention VIII. Conclusion: Jurisdiction and Welfare Chapter 4. Practice and Permanence in Care Proceedings with an International Element I. Introduction II. Permanence III. Changing Approaches to Permanence - Policy, Practice and Reforms IV. Kinship Care: Inadequate Assessments and Untested Placements V. Conclusion Chapter 5. Findings on The Operation of Jurisdictional Rules in BIIa / HC96 in Care Proceedings I. Introduction II. 'Framing' a Case as Having an International Element III. Identifying and Exploring Jurisdictional Issues IV. Jurisdictional Arguments, Litigation Strategies, Decisions which Impact on Welfare V. Summary Conclusions: Jurisdiction in Care Proceedings Chapter 6. Findings on Requesting and Exchanging Child Protection Information in Care Proceedings I. Introduction II. Information about Prior Child Protection Interventions Overseas III. Communicating Child Protection Concerns in 'Known Flight' Cases IV. Communicating Child Protection Concerns in 'Unknown Flight' or 'Planned Relocation' Cases V. Exchanging Child Protection Information: Comparison with Domestic Cases VI. Summary Conclusions: Co-Operation to Exchange Child Protection Information Chapter 7. Findings on Overseas Assessments in Care Proceedings I. Overseas Assessments: Domestic Context II. Overseas Assessments: Which Method? III. Deciding Whether to Conduct and Overseas Kinship Assessment IV. Adequacy of Overseas Assessments V. Assessing a Prospective Kinship Carer's Relationship with the Child VI. 'Top-Up' Assessments by Social Workers Travelling Overseas: 'One of our own'. VII. Family Members Travelling to the UK for 'Top-Up' Assessments VIII. 'Testing' an Overseas Kinship Placement IX. Summary Conclusions: Overseas Assessments Chapter 8. Findings on Overseas Kinship Placements I. Introduction II. Consent to Place a Child in a BIIa/HC96 State. III. Securing Legal Permanence Overseas: Recognition and Enforcement under BIIa/HC96 and Mirror Orders IV. Conclusion Chapter 9. Conclusions and Recommendations Appendix: Sample Description I. The Index Child - Age and Gender as Recorded. II. Mothers and Fathers III. Family Composition IV. Siblings V. Family Residence VI. Ethnicity VII. Family Nationality VIII. Family Immigration Status Bibliography
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