engleski

The Hague Child Abduction Convention’s Grave Risk of Harm Exception: The Extent of the Child’s Best Interest Assessment

The Child Abduction Convention has the objective to secure the prompt return of the child, which was unilaterally removed across the border by one parent, back into his or her habitual environment. The removal of the child can sometimes be justified by objective reasons related to its person or to the environment. The authorities deciding upon the return request have the possibility to question the return when there is a grave risk that his or her return would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation. This puts the courts in unenviable position where they need to find a balance between the interest of the child in general not to be wrongfully taken from his or her place of habitual residence and the need to protect individual child. At the national level, following several ECtHR rulings pointing out the insufficiency of the child abduction proceedings in Croatia the Implementation Act was enacted, which has introduced more stringent and specialized rules of procedure to be applied in international child abductions.

child abduction, grave risk of harm, best interest of child, Implementation Act, ECHR

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