Care proceedings with an international element : an empirical study / Maria Sofia Wright.

Format:

Book

Author/Creator:

Wright, Maria Sofia, author.

Series:

Studies in Private International Law.

Studies in Private International Law

Language:

English

Subjects (All):

Children--Legal status, laws, etc--England.

Children.

Civil law.

Physical Description:

1 online resource (235 pages)

Edition:

1st ed.

Distribution:

London : Bloomsbury Publishing (UK), 2025.

Place of Publication:

London : Hart Publishing, 2025.

System Details:

text file rdaft

Summary:

An innovative study charting the effectiveness of child protection in care proceedings that have an international dimension, identifying problems and importantly offering solutions.

Contents:

Intro

Foreword

Series Editor's Preface

Acknowledgements

Table of Contents

List of Abbreviations

List of Figures and Tables

Table of Cases

Table of Legislation

1 . Introduction

Structure and Methodology

2 . Private International Law and the Regulation of State Child Protection Measures

The Boll Case and the 1902 Guardianship Convention

The Convention Concerning the Powers of Authorities and the Law Applicable in Respect of the Protection of Infants 1961

The 1996 Hague Convention

The Development of Brussels IIa

Conclusion

3 . Forum Issues in Care Proceedings

The Welfare Impact of Jurisdictional Decisions

Jurisdictional Decisions and Eekelaar ' s ' Direct ' and ' Indirect ' Welfare Paradigm

Transfers of Jurisdiction and Best Interests

Determinations of Habitual Residence and Best Interests

Jurisdiction and Families Fleeing Care Proceedings

Jurisdiction in Care Proceedings which do not Engage Brussels IIa and 1996 Hague Convention

Conclusion: Jurisdiction and Welfare

4 . Practice and Permanence in Care Proceedings with an International Element

Permanence

Changing Approaches to Permanence - Policy, Practice and Reforms

Kinship Care: Inadequate Assessments and Untested Placements

5 . Findings on the Operation of Jurisdictional Rules in BIIa/HC96 in Care Proceedings

Introduction

' Framing ' a Case as Having an International Element

Identifying and Exploring Jurisdictional Issues

Jurisdictional Arguments, Litigation Strategies, Decisions which Impact on Welfare

Summary Conclusions: Jurisdiction in Care Proceedings

6 . Findings on Requesting and Exchanging Child Protection Information in Care Proceedings

Information about Prior Child Protection Interventions Overseas.

Communicating Child Protection Concerns in ' Known Flight ' Cases

Communicating Child Protection Concerns in ' Unknown Flight ' or ' Planned Relocation ' Cases

Exchanging Child Protection Information: Comparison with Domestic Cases

Summary Conclusions: Co-Operation to Exchange Child Protection Information

7. Findings on Overseas Assessments in Care Proceedings

Overseas Assessments: Domestic Context

Overseas Assessment: Which Method ?

Deciding whether to Conduct an Overseas Kinship Assessment

Adequacy of Overseas Assessments

Assessing a Prospective Kinship Carer ' s Relationship with the Child

' Top-Up ' Assessments by Social Workers Travelling Overseas: ' One of Our Own '

Family Members Travelling to the UK for ' Top-Up ' Assessments

' Testing ' an Overseas Kinship Placement

Summary Conclusions: Overseas Assessments

8 . Findings 4: Overseas Kinship Placements

Consent to Place a Child in a BIIa/HC96 State

Securing Legal Permanence Overseas: Recognition and Enforcement under BIIa/HC96 and Mirror Orders

9 . Conclusions and Recommendations

Recommendations

National Recommendations

Appendix: Sample Description

The Index Child - Age and Gender as Recorded

Mothers and Fathers

Family Composition

Siblings

Family Residence

Ethnicity

Family Nationality

Family Immigration Status

Bibliography

Index.

ISBN:

1-5099-7733-3

1-5099-7731-7

1-5099-7732-5

9781509977338 (electronic book)

OCLC:

1535977719