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Articles for the keyword(s) "International child abduction"

"Conflict of Laws"

RJ Paterson, 1992

The author reviews significant Conflict of Laws cases from 1990 and 1992. The review focuses on the existence of jurisdiction, submission to jurisdiction and subject matter jurisdiction, as well as the relevance and application of forum non conveniens with reference to protest to jurisdiction, jurisdiction clauses, lis alibi pendens, service within New Zealand, and summary judgment proceedings, as well as family law proceedings and international child abduction cases. The author also covers the enforcement of foreign judgments at common law, as well as by statute.

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"Reforming New Zealand’s Conflicts Process: The Case for Internationalisation"

Campbell McLachlan, 1984

This article calls for the adoption of an internationalist approach in developing the discipline of private international law in New Zealand. With reference to trans-national custody disputes and international child abduction, the author illustrates the need for internationally agreed solutions in order to secure conflicts justice for individuals caught up in trans-national family disputes. New Zealand should participate in the work of Hague Conference on Private International Law and contribute to the development of uniform private international law rules.

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International Issues for Family Lawyers

Margaret Casey and Lex De Jong, 2003

This New Zealand Law Society booklet on child abduction covers defences to applications for the return of children to their country of origin.

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Hague Convention on Civil Aspects of Child Abduction

Margaret Casey and Lex De Jong, 1995

This New Zealand Law Society booklet on child abduction provides a practical guide on the use and effect of the Hague Convention.

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“New Zealand Family Law and International Law – A Comment With Some Questions”

Kenneth J Keith, 2016

The author explores the importance of both private and public international law in New Zealand family law. The author begins by outlining the contexts in which private international law issues can arise, and how the conflict of laws has historically dealt with such cases. The author notes New Zealand’s membership of the Hague Conference on Private International Law and signing of Hague and non-Hague family law treaties, discussing the extent to which these treaties have been implemented in national law by Parliament and the courts. The author concludes by commenting on some family law conventions to which New Zealand is not a party, and signals future challenges for the relationship between family law and international law.

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"Some Moot Points on the 1980 Hague Convention"

Nigel Lowe, 2015

The author considers three aspects of the 1980 Hague Convention on the Civil Aspects of International Child Abduction that may be problematic and in need of reform. One challenge is where the child has been removed from a contracting state in accordance with a Convention ruling, and the ruling is reversed on appeal. The author examines the ability and obligations of contracting states to make new return orders in response to such appellate rulings. The author then examines difficulties in determining the child’s place of habitual residence, particularly regarding newborn children. Finally, the author considers the ability of contracting states to discharge return orders that have not been enforced, and the circumstances in which they should do so.