Party autonomy and children: a view from the UK

Carruthers, J. (2012) Party autonomy and children: a view from the UK. Nederlands Internationaal Privaatrecht, 4, pp. 562-568.

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This article examines the extent to which children, in proceedings affecting their transnational legal affairs, are entitled to express their views, and in what manner, at what time, and to what effect. Attention is paid to international standards set out in the United Nations Convention on the Rights of the Child, and to particular rules contained in international instruments such as Brussels II bis and the 1980 Hague Abduction Convention, and in unharmonised areas such as international family relocation. The influence which children increasingly may exert through the expression of their will is distinguished from the device of party autonomy as that concept generally is understood in private international law. The article shows that implementation of the policy of respecting children’s views varies among legal systems, rendering important the matter of forum.

Item Type:Articles
Additional Information:Special Issue 2012: Party Autonomy and Children
Glasgow Author(s) Enlighten ID:Carruthers, Professor Janeen
Authors: Carruthers, J.
College/School:College of Social Sciences > School of Law
Journal Name:Nederlands Internationaal Privaatrecht
ISSN (Online):1875-9467

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