5.4 Child Protection, International Instruments and Nepalese Private International Law

The instruments' menu: the CRC (the best-interests (the U-LAW5702's)); the Hague-1980- Abduction (the return's-machinery (the wrongful-removal's (the immediate-return's-presumption (the exceptions' (the grave-risk's)))); the 1993-Adoption (the Central-Authority's (the subsidiarity's (the safeguards'))); the 1996-Protection (the jurisdiction's-and-the-recognition's); the 2007- Maintenance (the international-recovery's (the Central-Authority's)); the UN-model's (the soft); The Nepal's-non-party-position (the honest-record): the Hague-family-conventions' non- ratification (the abduction's-and-the-adoption's (the gaps'-consequences (the case-by-case (the custody-and-the-return's-no-machinery (the welfare's-judicial-analysis-instead))))); 5.4.1 Inter Country Adoption 1. The regime: the 1993-Hague's (the subsidiarity (the domestic-first's-principle (the Central- Authority's (the accreditation's (the no-profit's)))); the national-laws' (the US's-and-the- European's-receiving-states'); the Nepal's (the Children's-Act-2075's-faces (the adoption's- conditions (the foreign-couples' (the 2075's-permission-frames)); the adoption's-procedure (the orphanage's-and-the-matching (the committee's (the no-objection's))); the intercountry's- practice (the sending-state's-history (the Nepal's-suspensions-and-the-resumptions' lore (the irregularities'-era (the honest-hedge: the policy's-cycles' (the receiving-states'-positions')))))); 2. The problems: the trafficking-risk ( the illegal-removal's (the birth-parent's-consent's ( the inducement's)); the safeguards' (the no-profit (the accreditation (the follow-up's)); the Nepal's- implementation-gap. 5.4.2 International Child Abduction by Parents The scenario (the custody-dispute's-taking (the one-parent's-flight (the cross-border's)); the Hague's-answer (the 1980's (the return's (the wrongful-removal's-definition (the rights-of-custody's (the habitual-residence's (the U4's-factor's-core-role))))); the Nepal's-no-Hague (the remedies'- improvised (the writ's-and-the-guardianship's (the welfare-based (the return-or-the-not (the case- by-case's)))); the bilateral's-absence (the India-and-the-Gulf's-routes (the Nepal-parents'-practical (the Ministry's-and-the-embassy's-weak-roles))); The prescribed case (cited verbatim; honest note): Kanika Goel v. Karan Goel and Immigration Departments and Others, Writ No. 078-WH-0198 — the parent's-abduction-and-the-immigration's-face…