Child Abduction within the European Union

by Katarina Trimmings, Paul Beaumont (Editor)

Overview

The first part of the book critically evaluates the evolution of the separate intra-EU child abduction regime and examines the extent to which the European Union complied with its standards of good legislative drafting during the negotiations on the Brussels II bis Regulation. It seeks to demonstrate that there was no real legal need for the involvement of the European Union in the area of child abduction and for the tightening of the 1980 Hague Abduction Convention returban mechanism. The second part of the book presents findings of a statistical survey into the operation of child abduction provisions of the Brussels II bis Regulation in the first year of the functioning of the instrument and reveals how effectively the intra-EU returban mechanism operated in that year. Based on the findings of the statistical survey, the book identifies and discusses a number of points of concern in respect of the functioning of the new child abduction scheme. Finally, the book investigates whether the Brussels II bis Regulation has added any value in the area of child abduction.

Product Details

ISBN-13:	9781849463973
Publisher:	Bloomsbury Academic
Publication date:	03/20/2013
Series:	Studies in Private International Law , #11
Pages:	276
Product dimensions:	6.14(w) x 9.21(h) x 0.69(d)

About the Author

Katarina Trimmings is a Lecturer in Law at the University of Aberdeen.

Table of Contents

Series Editors' Preface v

Preface vii

Table of Cases xi

Table of Legislation xvii

1 Introduction 1

I Structure and Methodology 4

2 Milestones on the Road to the Separate Child Abduction Regime within the European Union 7

I October 1999: The Tampere European Council Meeting 7

II May 2000: Council Regulation (EC) No 1347/2000 of 29 May 2000 on Jurisdiction and the Recognition and Enforcement of Judgments in Matrimonial Matters and in Matters of Parental Responsibility for Children of Both Spouses (the Brussels II Regulation) 8

III July 2000: Initiative of the French Republic with a View to Adopting a Council Regulation on the Mutual Enforcement of Judgments on Rights of Access to Children 9

IV December 2000: The Draft Programme of Measures for Implementation of the Principle of Mutual Recognition of Decisions in Civil and Commercial Matters 12

V March 2001: Commission Working Document: Mutual Recognition of Decisions on Parental Responsibility 13

VI September 2001: The Commission Proposal for a Council Regulation on Jurisdiction and the Recognition and Enforcement of Judgments in Matters of Parental Responsibility 14

VII October 2001-May 2002: Consultations on the Commission Proposal 16

VIII May 2002: The Commission Proposal for a Council Regulation Concerning Jurisdiction and the Recognition and Enforcement of Judgments in Matrimonial Matters and in Matters of Parental Responsibility Repealing Regulation (EC) No 1347/2000 and Amending Regulation (EC) No 44/2001 in Matters Relating to Maintenance 17

IX November 2002: Report of the European Parliament on the Revised Commission Proposal 18

X November 2002-November 2003: Heated Negotiations 20

XI The Brussels II bis Regulation 21

XII Conclusions 22

3 Principles of Good Legislative Drafting vs Child Abduction Provisions of the Brussels II bis Regulation 25

I The Principles of Subsidiarity and Proportionality 26

II The Consultation Policy 43

4 The Argument of the Misuse of Article 13(1)(b): Myth or Reality? 47

I The Statistical Analysis of Applications made in 1999 under the Hague Convention on the Civil Aspects of International Child Abduction 48

II Special Commission Meetings to Review the Operation of the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction 60

III Conferences and judicial Seminars 64

IV Academic Literature 66

5 Operation of the Brussels II bis Regulation: Empirical Study 70

I Background to the Empirical Study 71

II Scope, Aim and Methodology of the Empirical Study 73

III Findings of the Empirical Study 75

IV Conclusions of the Empirical Survey 104

6 Points of Concern 110

I More Liberal Interpretation of the Key Concepts of the Convention in Order to Avoid judicial Refusals Based on Article 13 110

II Protection of the Abductor Parent and the Child upon the Return 136

III Timing 161

IV Judicial and Administrative Qualities in the 'New' Member Stales of the European Union 167

7 Added Value of the Brussels II bis Regulation: A More Child-Centred Approach as a Result of the Obligation to Hear the Child Introduced by Article 11(2) of the Regulation 181

I EU Jurisdictions: England and Wales, Scotland, Ireland and Northern Ireland 183

II Current Approaches Toward the Defence of Child's Objections in Major Non-EU jurisdictions: Australia, Canada and the United States: Post-2005 Case Law Analysis 214

8 Conclusions 237

Index 249

Editorial Reviews

The thesis of Katarina Trimmings stands as a profound study of recent developments on child abduction within the EU; at the same time it explores unchartered territory through the elaboration of questionnaires and statistica data from Central Authorities of many countries” —Armenopoulos (Thessaloniki Bar Review)

“It is not often that an academic book reads as if it were a novel…Both the writing style and the systematic way in which the author addresses the issues grip the reader and make it difficult to put the book down…The book gives an excellent overview of the problem of international child abduction in all its contemporary complexity. It also makes a point about sound and deliberate legislative drafting based on clear research findings…When academics produce this level of work, they indeed deserve to be taken seriously by policy makers.” —Edinburgh Law Review

“..Katarina Trimmings' book offers a pioneering study on the additions to the Convention for child abductions within the European Union created by Council Regulation (EC) No. 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility (the Brussels II bis Regulation, or: Brussels II bis)… Her recommendations for amendments to the Regulation (chapter 8) are well reasoned and should be taken seriously on the occasion of the next revision of the Regulation.” —Netherlands International Law Review 2014, issue 1, pp. 128-132

“Overall, there is no doubt that this book is a very important contribution to the existing literature, not only specifically in relation to the Brussels II bis Regulation, but also more generally in relation to EU law-making and international child abduction. It should be read by all who have an interest in these fields.” —Child and Family Law Quarterly, 2014, 2

From the Publisher