<p>This by implication would mean that the best way to prevent child abduction is to desist from international marriages and moving abroad.The modern reality is that&nbsp / relationships are being formed internationally. In the same breath, relationships are easily un-formed and the family fractured. The emotional impact of any breakup is usually&nbsp / tense, and it follows by implication that this will be exacerbated if a child is involved. For reasons that will be expounded on in the thesis, many caregivers, usually mothers have&nbsp / opted to abduct their children. Some have opted to apply formally to relocate. Relocation disputes are widely regarded as one of the most controversial and difficult issues in&nbsp / family law internationally. These disputes usually arise pursuant to a relational breakdown, when the resident parent (usually the mother) seeks to relocate with the children&nbsp / either&nbsp / domestically or internationally. This causes a significant impact&nbsp / on contact arrangements with the other parent (usually the father). Depending on the country in which they find themselves and the laws applicable to relocation with the child, mothers are faced with the decision to remove the child either lawfully or wrongfully. International family law&nbsp / jurisprudence has been developed over time to assist with custody and relocation disputes. &lsquo / Much has been written on the Hague Convention &ndash / its flaws and its successes, its&nbsp / effectiveness and utilization. This thesis aims to look specifically at relocation disputes within the context of international parental child abduction / more specifically, it sets out to&nbsp / explore whether there is a link between those phenomena, and whether the Hague Convention is sufficient for dealing with relocation disputes. I hope to make a convincing&nbsp / argument that if there were an international instrument regulating relocation, there would be uniformity and consistency. People&rsquo / s confidence in the legal processes would be&nbsp / restored, motivating them to apply formally to relocate and, in doing so, the incidence of child abductions would be reduced.</p>

The work examines the antislavery writings of Francis Wayland (1796-1865). Wayland pastored churches in Boston and Providence, but he left his indelible mark as the fourth and twenty-eight year president of Brown University (1827-1855). The author of numerous works on moral science, economics, philosophy, education, and the Baptist denomination, his administration marked a transitional stage in the emergence of American colleges from a classically oriented curriculum to an educational philosophy based on science and modern languages. Wayland left an enduring legacy at Brown, but it was his antislavery writings that brought him the most notoriety and controversy. Developed throughout his writings, rather than systematically in a major work, his antislavery views were shaped and tested in the political and intellectual climate of the antebellum world in which he lived. First developed in The Elements of Moral Science (1835), he tested the boundaries of activism in The Limitations of Human Responsibility (1838), and publicly debated antislavery in Domestic Slavery Considered as a Scriptural Institution (1845). The political crisis from the Mexican-American War through the Kansas-Nebraska Act heightened Wayland’s activism as delineated in The Duty of Obedience to the Civil Magistrate (1847), his noncompliance with the Fugitive Slave Law, and his public address on the Kansas-Nebraska Bill (1854). In 1861 he became a committed Unionist. I argue that Francis Wayland was a mediating figure in the controversy between abolitionists and proslavery apologists and that his life was a microcosm of the transition that many individuals made from moderate antislavery to abolitionism. Wayland proved unique in that he was heavily coveted by Northern abolitionists who sought his unconditional support and yet he was respected by Southerners who appreciated his uncondemning attitude toward slaveholders even while he opposed slavery. I argue that Wayland’s transition from reluctant critic to public activist was not solely due to the political sweep of events, but that his latter activism was already marked in his earlier work. Most importantly, his life demonstrated both the limits and possibilities in the history of American antislavery.

<p>This by implication would mean that the best way to prevent child abduction is to desist from international marriages and moving abroad.The modern reality is that&nbsp / relationships are being formed internationally. In the same breath, relationships are easily un-formed and the family fractured. The emotional impact of any breakup is usually&nbsp / tense, and it follows by implication that this will be exacerbated if a child is involved. For reasons that will be expounded on in the thesis, many caregivers, usually mothers have&nbsp / opted to abduct their children. Some have opted to apply formally to relocate. Relocation disputes are widely regarded as one of the most controversial and difficult issues in&nbsp / family law internationally. These disputes usually arise pursuant to a relational breakdown, when the resident parent (usually the mother) seeks to relocate with the children&nbsp / either&nbsp / domestically or internationally. This causes a significant impact&nbsp / on contact arrangements with the other parent (usually the father). Depending on the country in which they find themselves and the laws applicable to relocation with the child, mothers are faced with the decision to remove the child either lawfully or wrongfully. International family law&nbsp / jurisprudence has been developed over time to assist with custody and relocation disputes. &lsquo / Much has been written on the Hague Convention &ndash / its flaws and its successes, its&nbsp / effectiveness and utilization. This thesis aims to look specifically at relocation disputes within the context of international parental child abduction / more specifically, it sets out to&nbsp / explore whether there is a link between those phenomena, and whether the Hague Convention is sufficient for dealing with relocation disputes. I hope to make a convincing&nbsp / argument that if there were an international instrument regulating relocation, there would be uniformity and consistency. People&rsquo / s confidence in the legal processes would be&nbsp / restored, motivating them to apply formally to relocate and, in doing so, the incidence of child abductions would be reduced.</p>

The concept of inter-country adoptions was reintroduced into the South African legal sphere in The Minister of Social Welfare and Population Development v Fitzpatrick 2000 3 SA 422 (CC), where the constitutionality of section 18(4)(f) of the Child Care Act 74 of 1983, which prohibited inter-country adoptions, was successfully challenged. The decision evoked criticism from all around the world, some in favour of inter-country adoptions and others not. In considering this decision, one also has to keep in mind section 28(1)(b) of the Constitution of the Republic of South Africa, 1996 which affords every child the right to family care or parental care, or to appropriate alternative care when removed from the family environment. The aim of this paper is to investigate the inner workings of inter-country adoptions, which are regulated by the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption of 1993 and, nationally, the Children’s Act 38 of 2005. These findings will then be relayed back to the ‘best interests of the child’ principle to determine whether inter-country adoption is in the best interests of the child, or not. / Thesis (LLM (Comparative Child Law))--North-West University, Potchefstroom Campus, 2013.

The concept of inter-country adoptions was reintroduced into the South African legal sphere in The Minister of Social Welfare and Population Development v Fitzpatrick 2000 3 SA 422 (CC), where the constitutionality of section 18(4)(f) of the Child Care Act 74 of 1983, which prohibited inter-country adoptions, was successfully challenged. The decision evoked criticism from all around the world, some in favour of inter-country adoptions and others not. In considering this decision, one also has to keep in mind section 28(1)(b) of the Constitution of the Republic of South Africa, 1996 which affords every child the right to family care or parental care, or to appropriate alternative care when removed from the family environment. The aim of this paper is to investigate the inner workings of inter-country adoptions, which are regulated by the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption of 1993 and, nationally, the Children’s Act 38 of 2005. These findings will then be relayed back to the ‘best interests of the child’ principle to determine whether inter-country adoption is in the best interests of the child, or not. / Thesis (LLM (Comparative Child Law))--North-West University, Potchefstroom Campus, 2013.

Thesis (M.S.)--University of North Texas, Dec., 2008. / Title from title page display. Includes bibliographical references.

Le droit international privé colombien demeure tributaire d’une approche publiciste qui repose sur les principes de territorialité et de souveraineté. Ces principes, pourtant délaissés depuis le début du XXe siècle en droit international privé comparé, constituent encore aujourd’hui le fondement des règles de conflit en matière contractuelle qui forment le droit positif. Bien que la jurisprudence colombienne ait aussi utilisé des méthodes qui s’apparentent à d’autres proposées plus récemment aux États-Unis et en France, le système colombien n’offre pas de solutions satisfaisantes aux problèmes que posent les situations internationales, y compris en matière contractuelle. Le droit international privé colombien doit donc être repensé. À cet égard, il est possible, sur le fondement des textes en vigueur, de justifier tant la transformation de l’approche que l’adoption de nouvelles solutions. En matière de contrats, il est possible d’identifier au sein de l’ordre juridique colombien une tendance favorable à la consécration de la liberté de choix de la loi applicable en tant que solution de principe. En effet, cette solution est conforme au principe constitutionnel d’internationalisation et compatible avec le rôle reconnu à l’initiative privé en droit colombien. Largement répandue en droit international privé comparé, la liberté de choix a les faveurs des institutions internationales et, en 2015, la Conférence de La Haye a publié des principes sur le choix de la loi applicable aux contrats commerciaux internationaux. Cet instrument non contraignant peut servir d’inspiration pour l’élaboration d’une réglementation du choix de loi en droit colombien. / Colombian private international law remains in thrall to a public-law inspired approach resting on the principles of territoriality and sovereignty. These principles, which have been abandoned since the beginning of the twentieth century in comparative private international law, still form the basis of the choice-of-law rules for contractual matters found in positive law. Even though the courts have also used methods that are similar to others put forward more recently in the United States and France, the Colombian system does not offer satisfactory solutions to the issues raised by international situations, particularly in contractual matters. Colombian private international law therefore needs to be rethought. In this respect, it is possible, on the basis of existing texts in Colombian law, to justify both the transformation of the approach and the adoption of new solutions. As far as contracts are concerned, a favorable trend towards the consecration of the freedom of choice of the applicable law as a solution of principle can actually be identified within the Colombian legal order. Indeed, this solution aligns with the constitutional principle of internationalization and is compatible with the role recognized to private initiative in Colombian law. Choice of law, which is widely used in comparative international private law, is also favored by international institutions. In 2015, The Hague Conference thus published its Principles on the choice of law applicable to international commercial contracts. This non-binding instrument can provide inspiration for the development of a choice of law regime in Colombian law.

Magister Legum - LLM / This by implication would mean that the best way to prevent child abduction is to desist from international marriages and moving abroad.The modern reality is that relationships are being formed internationally. In the same breath, relationships are easily un-formed and the family fractured. The emotional impact of any breakup is usually tense, and it follows by implication that this will be exacerbated if a child is involved. For reasons that will be expounded on in the thesis, many caregivers, usually mothers have opted to abduct their children. Some have opted to apply formally to relocate. Relocation disputes are widely regarded as one of the most controversial and difficult issues in family law internationally. These disputes usually arise pursuant to a relational breakdown, when the resident parent (usually the mother) seeks to relocate with the children either domestically or internationally. This causes a significant impact on contact arrangements with the other parent (usually the father). Depending on the country in which they find themselves and the laws applicable to relocation with the child, mothers are faced with the decision to remove the child either lawfully or wrongfully. International family law jurisprudence has been developed over time to assist with custody and relocation disputes. ‘Much has been written on the Hague Convention – its flaws and its successes, its effectiveness and utilization. This thesis aims to look specifically at relocation disputes within the context of international parental child abduction; more specifically, it sets out to explore whether there is a link between those phenomena, and whether the Hague Convention is sufficient for dealing with relocation disputes. I hope to make a convincing argument that if there were an international instrument regulating relocation, there would be uniformity and consistency. People’s confidence in the legal processes would be restored, motivating them to apply formally to relocate and, in doing so, the incidence of child abductions would be reduced. / South Africa

No description available.

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.