Global ETD Search

1	The protection of transfrontier access rights : a comparative analysis of the relevant international legal frameworks Büchele, Sandra January 2004 (has links) No description available. Visitation rights (Domestic relations) Conflict of laws -- Custody of children Kidnapping, Parental Children (International law)
2	The protection of transfrontier access rights : a comparative analysis of the relevant international legal frameworks Büchele, Sandra January 2004 (has links) "Internal globalization" has become a common phenomenon which, among other things, has increased the number of mixed-national couples due to the greater mobility of people and the globalization of trade and commerce. Unanticipated difficulties can follow from the breakdown of such relationships for both children and parents if the custodial parent leaves the family's former habitual residence with the child. This is especially true for the left-behind parent. / The starting point for this study was the discussion among experts as to whether an Additional Protocol to the 1980 Child Abduction Convention might resolve the inherent weak protection of access rights. To answer this question concerning the necessity of such an Additional Protocol, this thesis provides an overview of the relevant existing and future international legal frameworks that address child protection and parental responsibilities and shows the evolution in child law from a formerly neglected issue to a high-profile topic. (Abstract shortened by UMI.) Conflict of laws -- Custody of children Visitation rights (Domestic relations) Kidnapping, Parental Children (International law)
3	Recognition and enforcement of foreign custody orders and the associated problem of international parental kidnapping : a model for South Africa Nicholson, Caroline Margaret Anne 07 1900 (has links) Within the context of recognition and enforcement of foreign judgments the recognition and enforcement of foreign custody orders is unique. By reason of the fact that custody orders are always modifiable "in the best interests of the child" they cannot be regarded as final orders and are thus not capable of recognition and enforcement on the same basis as final orders. The failure of courts to afford foreign custody orders recognition and enforcement in the normal course has created the potential for a person deprived of the custody of a child to remove the child from the jurisdiction of a court rendering a custody order to another jurisdiction within which he or she may seek a new, more favourable order. This potential for behaviour in contempt of an existing order has been exploited by numerous parents who feel aggrieved by custody orders. The problem of parental child snatching has escalated to such a degree that the Hague Convention on the Civil Aspects of International Child Abduction was drawn up to introduce uniform measures amongst member states to address this problem. Despite being a meaningful step in the fight against international child abduction the Hague Convention does not fully resolve the problem. For this reason other measures have been suggested to supplement the Convention. The different approaches taken in South Africa, the United Kingdom, Australia and the United States of America to recognition and enforcement of foreign custody orders and the measures to overcome the problem of international child abduction are examined and a comparative methodology applied to the design of a model approach for South Africa. The object of this model is to permit the South African courts to address the international child abduction problem without falling prey to any of the pitfalls experienced elsewhere in the legal systems examined. / Law / LL.D. Acquiescence Child abductiion Contempt Council of Europe Convention Criminal liability Enforcement Extradition Finality Foreign judgements Full faith and credit Grave risk Hague Convention Jurisdiction Kidnapping Merger Custody Delict Parental abduction Pre-emption Psychological harm Public policy Recognition Res judicata Retention Wrongful removal 346.17068 Parental kidnapping -- South Africa Conflict of laws -- Custody of children Children (International law)
4	Recognition and enforcement of foreign custody orders and the associated problem of international parental kidnapping : a model for South Africa Nicholson, Caroline Margaret Anne 07 1900 (has links) Within the context of recognition and enforcement of foreign judgments the recognition and enforcement of foreign custody orders is unique. By reason of the fact that custody orders are always modifiable "in the best interests of the child" they cannot be regarded as final orders and are thus not capable of recognition and enforcement on the same basis as final orders. The failure of courts to afford foreign custody orders recognition and enforcement in the normal course has created the potential for a person deprived of the custody of a child to remove the child from the jurisdiction of a court rendering a custody order to another jurisdiction within which he or she may seek a new, more favourable order. This potential for behaviour in contempt of an existing order has been exploited by numerous parents who feel aggrieved by custody orders. The problem of parental child snatching has escalated to such a degree that the Hague Convention on the Civil Aspects of International Child Abduction was drawn up to introduce uniform measures amongst member states to address this problem. Despite being a meaningful step in the fight against international child abduction the Hague Convention does not fully resolve the problem. For this reason other measures have been suggested to supplement the Convention. The different approaches taken in South Africa, the United Kingdom, Australia and the United States of America to recognition and enforcement of foreign custody orders and the measures to overcome the problem of international child abduction are examined and a comparative methodology applied to the design of a model approach for South Africa. The object of this model is to permit the South African courts to address the international child abduction problem without falling prey to any of the pitfalls experienced elsewhere in the legal systems examined. / Law / LL.D. Acquiescence Child abductiion Contempt Council of Europe Convention Criminal liability Enforcement Extradition Finality Foreign judgements Full faith and credit Grave risk Hague Convention Jurisdiction Kidnapping Merger Custody Delict Parental abduction Pre-emption Psychological harm Public policy Recognition Res judicata Retention Wrongful removal 346.17068 Parental kidnapping -- South Africa Conflict of laws -- Custody of children Children (International law)

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