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13 Children and Parental Responsibility

From: Private International Law in English Courts

Adrian Briggs

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 10 August 2022

Children — Legitimacy and adoption — Settlement and international child abduction — Habitual residence — Concepts of removal and retention — Rights of custody — Protective measures — Applicable law — Rome I Regulation and choice of law — Jurisdiction under the Brussels II Regulation — Jurisdiction under the Brussels I Regulation
13.01 The private international law of children is principally concerned with the welfare, guardianship, and custody of children, and with adoption.1 The private international law of child custody has given rise to the greatest amount of legislation, local and international, adopted to deal with the distressing, often insoluble, problems caused by and resulting from international child abduction. Much good work has been accomplished by international convention, part of the reason for which presumably is an awareness that the area is too delicate or sensitive to be...
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