5.4 Child Protection, International Instruments and Nepalese PrivateInternational 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); TheNepal'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 Adoption1. 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 ParentsThe syllabus prescribes a case for this section; its citation and holding are withheld until verified.5.4.3 Custody and GuardianshipThe jurisdiction (the child's-presence (the habitual-residence's (the welfare's)); the applicable-law (the personal-law's-and-the-welfare's (the best-interests'- supremacy)); the foreign-custody-order's (the recognition's (the comity's (the welfare's-re-examination (the U8's-faces))); the guardianship's (the appointment's (the Code's-and-the-Guardianship-faces (the foreign-guardian's-Nepal-property (the situs's-rule (the U7's))));5.4.4 Child Support and Recovery of Other Forms of Family MaintenanceThe obligations' (the maintenance's-duty (the personal-law's (the both-parents' (the child's- rights)));…