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Journal of law and social sciences of the Law Faculty of University J.J. Strossmayer in Osijek = Zeitschrift für Rechts-und Sozialwissenschaften der Fakultät für Rehtswissenschaften der Universität J.J. Strossmayer in Osijek = Journal des sciences juridiq, Vol. 35 No. 1, 2019.

Original scientific paper

https://doi.org/10.25234/pv/5995

PROVISIONAL MEASURES AND CHILD ABDUCTION PROCEEDINGS

Mirela Župan ; PhD, Associate Professor, Chair for Public and Private International Law, Faculty of Law, Josip Juraj Strossmayer University of Osijek, Stjepana Radica 13, 31000 Osijek, Republic of Croatia
Senija Ledić ; MSc, judge, County Court in Split, Gundulićeva 29a, Republic of Croatia
Martina Drventić orcid id orcid.org/0000-0002-0880-0382 ; LLM, junior researcher at EUFam’s project, Faculty of Law, Josip Juraj Strossmayer University of Osijek, Stjepana Radica 13, 31000 Osijek, Republic of Croatia

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Abstract

The purpose of the established system of the proceedings in cases of international child abduction, as set out in the Hague Convention on Child Abduction, which has been strengthened, in relation to the EU Member States, by the provisions of the Brussels II bis Regulation, is to secure a prompt return of the child that has been wrongfully removed or retained to his/her Member State of origin. The return of the child must provide full protection of the child both in the state where the child was unlawfully resident and in the state where the child has to return. In these respect, the competent authorities have at their disposal legal mechanisms for provisional and protective measures provided for by the Brussels II bis Regulation and the Hague Convention on Measures for the Protection of Children. The possibility of taking these measures will depend on the national law of the state in question and on the specific circumstances of the case. In this paper, a legal framework will be presented for the imposition of provisional measures in cases of cross-border child abduction, which will be supported by the case law of the Court of Justice of the European Union. Case examples gathered under the project “Cross-border removal and retention of a child – Croatian practice and European expectations” will illustrate the difficulties encountered by the courts in the Republic of Croatia when it comes to applying the relevant provisions.

Keywords

cross-border child abduction; Hague Convention on Child Abduction; Brussels II bis Regulation; Hague Convention on Measures for the Protection of Children; provisional and protective measures; Court of Justice of the European Union

Hrčak ID:

219692

URI

https://hrcak.srce.hr/219692

Publication date:

30.4.2019.

Article data in other languages: croatian

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