Source: European Parliament
Prevention of international child abduction and the regulation of cross-border issues related to parental responsibility are an essential part of the EU policy to promote the rights of the child and a core feature of EU judicial cooperation, including with third countries.
At EU level, the Brussels IIb Regulation establishes very strict rules concerning the return of the child after abduction[1] which supplement the 1980 Hague Convention on the Civil Aspects of International Child Abduction in relations between EU Member States.
The regulation, which is directly applicable to Member States, is constantly monitored by the Commission and discussed in the European Judicial Network in civil and commercial matters (EJN-civil) to ensure correct application in the Member States. To date, no complaints have been received on its implementation by France.
The Commission has taken several initiatives to inform and train judges, lawyers and Central Authorities, including via the 2022 practice guide[2] to improve the application of the regulation.
The Hague Convention is subject to the monitoring of the Hague Conference on Private International Law. Special Commissions to identify problems and best practices are convened on a regular basis, most recently in 2023[3], and the Commission proactively participates to ensure proper implementation and enforcement.
- [1] Council Regulation (EU) No 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction (recast), OJ L 178, 2.7.2019, p. 1-115.
- [2] https://op.europa.eu/en/publication-detail/-/publication/ff34bda5-ea90-11ed-a05c-01aa75ed71a1.
- [3] For information about the last Special Commission held in October 2023 see: https://www.hcch.net/en/publications-and-studies/details4/?pid=8488&dtid=57.