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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.

Keywords: 1980 Hague Convention on the Civil Aspects of International Child Abduction; Brussels II Regulation; Child abduction; European Union; wrongful removal; wrongful retention

Document Type: Research Article

Publication date: April 1, 2005

More about this publication?
  • Hart Publishing launched the Journal of Private International Law (J. Priv. Int. L.) in spring 2005. The journal covers all aspects of private international law, reflecting the role of the European Union and the Hague Conference on Private International Law in the making of private international law, in addition to the traditional role of domestic legal orders.
hart/jpil/2005/00000001/00000001/art00002
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