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Part IV International Child Abduction, 7 International Child Abduction—Chapter III of the Regulation

From: European Private International Family Law: The Brussels IIb Regulation

Michael Wilderspin

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 04 March 2024

Concepts of removal and retention — Habitual residence — Protection of fundamental rights — Jurisdiction under the Brussels II Regulation

This chapter explains the expansion of the international child abduction article in the Brussels IIb Regulation. It starts with the scheme of the 1980 Hague Abduction Convention that aims to secure the prompt return of children under the age of sixteen who have been wrongfully removed or retained in a Contracting State. According to the European Court of Human Rights (ECtHR), the failure to act speedily to ensure the return of the child is a breach of the right to family life of the parent left behind. The chapter looks into the application of the Abduction Convention and the Brussels IIb Regulation under the notion of international child abduction. It also elaborates on Chapter III articles featuring child abduction of the Brussels IIb Regulation.

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