Related Staff According to Areas of Research

European Law

Page, Professor Alan C.
Reid, Professor Colin T.
Churchill, Professor Robin
Ross, Ms. Andrea
Fiorini, Ms. Aude
Mackarel, Mr. Mark

Family Law

Raitt, Professor Fiona E.
Fiorini, Ms. Aude
Dempsey, Mr. Brian

Private International Law

Fiorini, Ms. Aude

University of Dundee

Professor Peter McEleavy Professor of International Family Law Email: p.e.mceleavy@dundee.ac.uk Direct Dial: +44 (0)1382 384452 Room No: 3.11

Degrees

B.Sc.(Surrey)
Ph.D.(Aberdeen)
Barrister (England & Wales), (N. Ireland)

Biography

Peter McEleavy took up a chair in international family law in February 2006. Prior to joining the School of Law he had been at the University of Aberdeen, first as a lecturer and then senior lecturer. He also previously lectured at the London School of Economics and the University of Angers in France.

Peter McEleavy is a qualified barrister, having been called to the bars of England & Wales and Northern Ireland and is a door tenant at 1 Garden Court, Family Law Chambers, Temple, London.  In 2012 he gave evidence to the Irish High Court and advised the Irish Health Service Executive on the operation of the Brussels IIa Regulation in litigation which culminated in an urgent preliminary ruling application to the Court of Justice of the European Union: Case C-92/12 PPU Heath Service Executive v SC.

Peter McEleavy is the editor of the Private International Law Current Developments section of the International and Comparative Law Quarterly. He is the legal consultant to INCADAT, the Hague Conference on Private International Law Child Abduction Database containing the leading case law arising out of the 1980 Child Abduction Convention.

Peter McEleavy has acted as a consultant to the UK government on European family law developments, in particular during the negotiation of the Brussels IIa Regulation. In 2009/10 he was instructed to advise the Ministry of Justice on the implementation of the 1996 Hague Convention on the Protection of Children and in 2012 to draft a practice guide on the Convention.  He is on the panel of experts of the TAIEX Office of the European Commission and regularly participates in training seminars in EU candidate countries, talking on civil cooperation in judicial matters.

In 2011 he joined the working group of the Council of Europe HELP programme (Strengthening professional training on the ECHR - European Programme for Human Rights Education for Legal Professionals), to provide training for judges on "Family Law and Human Rights".

Since 2010 Peter McEleavy has acted as examiner in International Private Law to the Faculty of Advocates.

Teaching

Undergraduate:- Scots Family Law, Private International Law.

Postgraduate:- Private International Law (Common Law Perspective); Private International Law (Theories & Principles); International Family Law.

I offer postgraduate supervision in the field of private international law, in particular family aspects.

Research

The primary focus of Peter McEleavy's research is on international family law, and he writes on this matter for both the leading Scottish and English private international law texts.

He is co-author, with Paul Beaumont, of the 3rd edition of Anton's Private International Law, (SULI, W. Green, 2011).  He is responsible for chapters 3, 4, 5, 7, 11, 14 (non-Rome II rules only), 15 – 20.

Since 2009 Peter McEleavy has been a member of the team of editors of Dicey, Morris & Collins on the Conflict of Laws.  He is responsible for chapters 6, 19, 20 & 21 of the 15th edition which will be published in 2012.

Peter McEleavy's doctoral thesis, a comparative analysis of the 1980 Hague Convention was published as an OUP monograph: The Hague Convention on International Child Abduction, 1999, (with P. Beaumont). This text has been recognised by the United States Court of Appeals for the Ninth Circuit in the key judgement Mozes v. Mozes, 239 F.3d 1067 (2001) as 'the leading treatise on the Convention'.  It has been cited and relied upon by leading courts across the globe, including the Supreme Court of the United Kingdom: Re E. (Children) (Abduction: Custody Appeal) [2011] UKSC 27; [2012] 1 A.C. 144.  He is currently working on the 2nd edition (with Aude Fiorini)

Peter McEleavy has written extensively on European family law developments, evaluating the merits of the European Union's involvement in this area, the law making process and subjecting initiatives and instruments to detailed analysis.  His 2005 article on the Europeanisation of legal responses to cases of child abduction - ‘The New Child Abduction Regime in the European Community: Symbiotic Relationship or Forced Partnership?’ (2005) Journal of Private International Law 5–34, was cited by Advocate General Jääskinen in Case C 400/10 PPU J. McB. v. L. E., [2011] I.L.Pr. 24 [AG 41].

Articles

• 2012 Peter McEleavy, "Judicial Communication and Co-operation and the Hague Convention on International Child Abduction" in International Journal of Procedural Law, pp. 36-53
• 2012 Peter McEleavy, "Habitual Residence and Children" in International Family Law, pp. 20-23
• 2011 Peter McEleavy, "La résidence habituelle, un critère de rattachement en quête de son identité : perspectives de common law" in Travaux du Comité français de droit international privé (Pedone, Paris), pp. 127-146
• 2010 Peter McEleavy, "A Protocol for the 1980 Hague Convention?" in International Family Law, pp. 59-65
• 2010 Peter McEleavy, "Luxembourg, Brussels and Now The Hague: Congestion in the Promotion of Free Movement in Parental Responsibility Matters" in International & Comparative Law Quarterly, pp. 505-519
• 2008 Peter McEleavy, "Evaluating the Views of Abducted Children: Trends in Appellate Case Law" in Child and Family Law Quarterly, pp. 230-254
• 2007 Peter McEleavy, "Regression & Reform in the Law of Domicile" in International & Comparative Law Quarterly, pp. 453 - 462
• 2005 Peter McEleavy, "The New Child Abduction Regime in the European Community: Symbiotic Relationship or Forced Partnership?" in Journal of Private International Law, pp. 5 - 34
• 2005 Peter McEleavy, "Free Movement of Persons and Cross Border Relationships" in International Law Forum, pp. 153 - 158
• 2004 Peter McEleavy, "The Communitarisation of Divorce Rules: What Impact for English and Scottish Law" in International and Comparative Law Quarterly, pp. 605 - 642
• 2004 Peter McEleavy, "Brussels II bis: Matrimonial Matters, Parental Responsibility, Child Abduction & Mutual Recognition" in International and Comparative Law Quarterly, pp. 503 - 512
• 2004 Peter McEleavy, "Brussels II bis: the Communitarisation of Family Law Continues" in Irish Journal of Family Law, pp. 14 - 18
• 2002 Peter McEleavy, "The Brussels II Regulation: How the European Community has Moved into Family Law" in International and Comparative Law Quarterly, pp. 883-908
• 2001 Peter McEleavy, "International Contact - Where Does the Future Lie?" in International Family Law, pp. 55-59

Books

• 2011 Peter McEleavy, "Private International Law" with P. Beaumont, 3rd edition, SULI, W. Green, Edinburgh
• 2010 Peter McEleavy, "Dicey, Morris & Collins on the Conflict of Laws, 4th Cumulative Supplement to the 14th ed. ", Sweet & Maxwell, London ISBN: 978-0414043695
• 2009 Peter McEleavy, "Dicey, Morris & Collins on the Conflict of Laws, 3rd Cumulative Supplement to the 14th ed. ", Sweet & Maxwell, London ISBN: 978-0-421-92920-3
• 1999 Peter McEleavy, "The Hague Convention on International Child Abduction " with P. Beaumont, Oxford Monographs in Private International Law, Oxford University Press, Oxford ISBN: 9780198260646

Book Chapters

• 2012 Peter McEleavy, 'Articles 47 - 52' in P Mankowski & U Magnus(eds) European Commentaries on Private International Law. Brussels II bis Regulation." (Sellier, Munchen, pp. 387-413)
• 2008 Peter McEleavy, 'Child Abduction' in R Wolfrum(eds) Max Planck Encyclopedia of Public International Law" (OUP, Oxford, pp. 121-127)
• 2008 Peter McEleavy, 'Applicable Law and Relations with Third States: The Use and Application of Habitual Residence' in A. Malatesta et al.(eds) EC Family Law & Relations with Third States" (CEDAM, Milan, pp. 269-294)
• 2007 Peter McEleavy, 'Integrating the Brussels II bis Regulation in the United Kingdom' in K. Boele-Woelki & C. González Beilfuss(eds) Brussels IIbis: Its Impact and Application in the Member States, European Family Law series no. 14 (Intersentia, Antwerp, pp. 309-322)
• 2004 Peter McEleavy, 'Past & Future: The Hague Child Abduction Convention at the Crossroads' in H Fulchiron(eds) Les Enlèvements d'Enfants À Travers les Frontières (Bruylant, Brussels, pp. 99 - 121)
• 2003 Peter McEleavy, 'The Communitarisation of Family Law : Too Much Haste Too Little Reflection?' in K. Boele-Woelki(eds) Perspectives for the Unification and Harmonisation of Family Law in Europe (Intersentia, Antwerp, pp. 509 - 526)

Reports

• 2002 "Mutual Recognition and Parental Responsibility Orders" in a United Kingdom Working Document submitted to the Civil Law Committee of the Council of the European Union, JUSTCIV 120
• 2002 "An Evaluation of the 1980 Hague Child Abduction Convention" in a United Kingdom Working Document submitted to the Civil Law Committee of the Council of the European Union, JUSTCIV 120
• 2001 "Towards a Worldwide Convention on Jurisdiction and Foreign Judgments in Civil and Commercial Matters" in Report of the Edinburgh Informal Meeting of the Hague Conference on Private International Law Worldwide Judgments Project, pp. 23 - 26
• 1997 "Consultation Paper on the Operation of the Brussels and Lugano Conventions" with P. Beaumont in Lord Chancellor's Department / Scottish Courts Administration, April 1997