INTERACTION BETWEEN HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION AND DOMESTIC LITIGATIONS CONCERNING DOMICILE OF THE CHILD AND PARENTAL AUTHORITY
In the vast majority of cases, international abduction of a child determines almost per se litigations both at international and national level, namely an international litigation based on provisions of Hague Convention on the civil aspects of international child abduction and a domestic litigatio...
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| Format: | Article |
| Language: | English |
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Nicolae Titulescu University Publishing House
2018-05-01
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| Series: | Challenges of the Knowledge Society |
| Subjects: | |
| Online Access: | http://cks.univnt.ro/uploads/cks_2018_articles/index.php?dir=2_private_law%2F&download=CKS_2018_private_law_029.pdf |
| _version_ | 1818119103203770368 |
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| author | Anca Magda VOICULESCU |
| author_facet | Anca Magda VOICULESCU |
| author_sort | Anca Magda VOICULESCU |
| collection | DOAJ |
| description | In the vast majority of cases, international abduction of a child determines almost per se litigations both at
international and national level, namely an international litigation based on provisions of Hague Convention on the civil
aspects of international child abduction and a domestic litigation aiming at establishing the domicile of the child in the state
of destination and other different measures concerning the child which fall within the area of parental authority (joint or
exclusive).
The purpose of the article is to analyze the interaction between the international and the national case and how they
influence each other from a double perspective (procedural and substantial), taking into account that the two litigations are
generally pending at the same time. Even the mere coexistence of the two litigations gives rise to the question which one should
have priority in solving.
Therefore, the objectives of this study are, on the one hand, to examine the implications in the domestic litigation of
the decision pronounced in the Hague litigation (international competence, suspension of the national case, elements which
are covered by the res judicata principle), and on the other hand to identify how a national decision on domicile and parental
authority may influence the solution in the Hague case. |
| first_indexed | 2024-12-11T05:04:52Z |
| format | Article |
| id | doaj.art-74d78eee2dbb4aecb640836216139854 |
| institution | Directory Open Access Journal |
| issn | 2068-7796 2068-7796 |
| language | English |
| last_indexed | 2024-12-11T05:04:52Z |
| publishDate | 2018-05-01 |
| publisher | Nicolae Titulescu University Publishing House |
| record_format | Article |
| series | Challenges of the Knowledge Society |
| spelling | doaj.art-74d78eee2dbb4aecb6408362161398542022-12-22T01:20:04ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962068-77962018-05-0112-347355INTERACTION BETWEEN HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION AND DOMESTIC LITIGATIONS CONCERNING DOMICILE OF THE CHILD AND PARENTAL AUTHORITYAnca Magda VOICULESCU0PhD, Judge at Bucharest Tribunal, trainer in family law at Romanian National Institute of Magistracy, Romanian designated judge in International Network of Hague Judges for 1980 Hague Convention on the Civil Aspects of International Child Abduction (e-mail: ancamagda.voiculescu@gmail.com)In the vast majority of cases, international abduction of a child determines almost per se litigations both at international and national level, namely an international litigation based on provisions of Hague Convention on the civil aspects of international child abduction and a domestic litigation aiming at establishing the domicile of the child in the state of destination and other different measures concerning the child which fall within the area of parental authority (joint or exclusive). The purpose of the article is to analyze the interaction between the international and the national case and how they influence each other from a double perspective (procedural and substantial), taking into account that the two litigations are generally pending at the same time. Even the mere coexistence of the two litigations gives rise to the question which one should have priority in solving. Therefore, the objectives of this study are, on the one hand, to examine the implications in the domestic litigation of the decision pronounced in the Hague litigation (international competence, suspension of the national case, elements which are covered by the res judicata principle), and on the other hand to identify how a national decision on domicile and parental authority may influence the solution in the Hague case.http://cks.univnt.ro/uploads/cks_2018_articles/index.php?dir=2_private_law%2F&download=CKS_2018_private_law_029.pdfinternational abduction of a childinternational litigationdomestic litigationprocedural implicationssubstantial implications |
| spellingShingle | Anca Magda VOICULESCU INTERACTION BETWEEN HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION AND DOMESTIC LITIGATIONS CONCERNING DOMICILE OF THE CHILD AND PARENTAL AUTHORITY Challenges of the Knowledge Society international abduction of a child international litigation domestic litigation procedural implications substantial implications |
| title | INTERACTION BETWEEN HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION AND DOMESTIC LITIGATIONS CONCERNING DOMICILE OF THE CHILD AND PARENTAL AUTHORITY |
| title_full | INTERACTION BETWEEN HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION AND DOMESTIC LITIGATIONS CONCERNING DOMICILE OF THE CHILD AND PARENTAL AUTHORITY |
| title_fullStr | INTERACTION BETWEEN HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION AND DOMESTIC LITIGATIONS CONCERNING DOMICILE OF THE CHILD AND PARENTAL AUTHORITY |
| title_full_unstemmed | INTERACTION BETWEEN HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION AND DOMESTIC LITIGATIONS CONCERNING DOMICILE OF THE CHILD AND PARENTAL AUTHORITY |
| title_short | INTERACTION BETWEEN HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION AND DOMESTIC LITIGATIONS CONCERNING DOMICILE OF THE CHILD AND PARENTAL AUTHORITY |
| title_sort | interaction between hague convention on the civil aspects of international child abduction and domestic litigations concerning domicile of the child and parental authority |
| topic | international abduction of a child international litigation domestic litigation procedural implications substantial implications |
| url | http://cks.univnt.ro/uploads/cks_2018_articles/index.php?dir=2_private_law%2F&download=CKS_2018_private_law_029.pdf |
| work_keys_str_mv | AT ancamagdavoiculescu interactionbetweenhagueconventiononthecivilaspectsofinternationalchildabductionanddomesticlitigationsconcerningdomicileofthechildandparentalauthority |