Martiny Dieter, New efforts in judicial cooperation in European child abduction cases
New efforts in judicial cooperation in European child abduction cases
Keywords: enforcement of decisions ordering the return of a child, international child abduction, Hague Convention on International Child Abduction of 1980, Jurisdiction under Brussels II bis (Recast), privileged decisions, Recast of the Brussels II bis Regulation 2019/1111
1.The problem of child abduction
Child abduction cases concern the wrongful removal or retention of a child. In these cases a child is abducted illegally from one jurisdiction to another or is unlawfully retained in that latter jurisdiction. The abductor is frequently one of the child’s parents. Child abduction is not rare within the European Union. It has been estimated that there are approximately 1,800 cases per year . Child abduction in the EU is one of the most complicated legal issues in the European international civil procedure. Several procedural issues have to be solved: The consideration of a combination of several European and international legal sources is necessary (see 2). In the complicated field of family relations, where special...
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