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This volume collects all the relevant instruments in the field of EU private international law (PIL) in family matters (the Brussels II ter Regulation, the Brussels II bis Regulation, the Maintenance Regulation, the Rome III Regulation, the Succession Regulation, the twin Regulations on property regimes and three international conventions: the 1980 Hague Convention on international child abduction, the 1996 Hague Convention on measures for the protection of children and the 2007 Hague Protocol on maintenance).International instruments are complemented by referencing decisions issued by the CJEU on these Regulations (currently around 70). Decisions are not published in their entirety, nor limited to the official operative part of the judgments. Distinctively and importantly, each and all of the many passages and/or obiter dicta that are disseminated through the decisions have been considered, sorted out and reported in a concise and clear synopsis which has been inserted as a footnote to each relevant passage of the applicable rule or Article. This makes the volume a succinct, yet complete and accurate, tool both for practitioners and academics who need to keep track of the overwhelming EU case law in PIL in family matters.
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.
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