engleski

Cross-Border Parental Child Abduction

The Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, supplemented between the European Union Member States by the Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000, has the objective to secure the prompt return of a child, who was unilaterally removed across the border by one parent, back into his or her habitual environment. This mechanism corresponds to a specific idea of what constitutes the best interests of the child. The abducted child should be returned promptly to his or her country of origin, where the courts are best positioned to determine the child’s best interest and issue a judgement on the substance of the dispute. The removal of the child can only be exceptionally justified by objective reasons related to child’s person or to the environment. The Implementation of the Child Abduction Convention Act (hereinafter: Implementation Act) came into force in Croatia in 2019 and had introduced more stringent and specialized rules of procedure to be applied in cross-border child abductions. The Implementation Act was preceded by several ECtHR rulings that had pointed out the insufficiency of the child abduction regime in Croatia. The analyses of the Croatian court practice issued prior to the Implementation Act had confirmed the inconsistency with international and EU legislation and standards of good practice. This analysis indicated the large trend of return request refusals, from which most were based on the existence of the grave risk.

child abduction, the best interest of a child, grave risk, the Child Abduction Convention, the Brussels II bis Regulation, the Brussels II bis Regulation Recast, implementation legislation

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