The new child abduction regime in the European Union: symbiotic relationship or forced partnership?

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    Abstract

    On 1 March 2005 a new regime entered into force for the treatment of cases of child abduction within the European Union. The instrument hitherto applicable, the 1980 Hague Convention on the Civil Aspects of International Child Abduction, remains operational but it is now “complemented” by provisions found in the new Brussels II Regulation. The primary effect of this unorthodox and controversial partnership of regional and international instruments is to afford the State of habitual residence ultimate control of a child's destiny where a wrongful removal or wrongful retention is established. This article explores how this compromise solution came about, evaluates to what extent the new rules can work with the old and then considers what the new regime is likely to mean for the treatment of child abduction cases in Europe.
    Original languageEnglish
    Pages (from-to)5-34
    Number of pages30
    JournalJournal of Private International Law
    Volume1
    Issue number1
    Publication statusPublished - 2005

    Keywords

    • Child abduction
    • European Union (EU)
    • Hague Convention on the Civil Aspects of International Child Abduction (1980)
    • Brussels II Regulation
    • Wrongful removal
    • Wrongful retention

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