PROVISIONAL MEASURES AND CHILD ABDUCTION PROCEEDINGS

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.