Conflicts of EU Courts on Child Abduction

Full Analysis of the Findings

For full analysis of the findings from this project see Working Paper No. 2016/1 available on the Working Papers page.

Comprehensive Country Reports

The comprehensive information in relation to all the EU Member States apart from Denmark can be found here.

Grant amount and dates

In March 2014, the Nuffield Foundation awarded a grant of £88,841 to Professor Paul Beaumont and Dr Lara Walker to conduct a study into the conflicts between EU courts when dealing with child abduction. The work began on 1st April 2014 and ends on the 30th November 2015.

Conflicts of EU Courts on Child Abduction

This project aims to look at cases where a non-return is ordered by the state of refuge under Article 13 of the Hague Child Abduction Convention 1980. In particular it will assess how Brussels IIa Regulation no 2201/2003 is being interpreted in cases in the EU where the courts of the habitual residence of an abducted child override the non-return order of the courts in the State where the child was abducted.

A questionnaire will be distributed in order to gather this information and will also seek to determine whether the parties and the child have been heard, in accordance with a right to a fair trial. In addition, the distinction between a return order and a custody order will be addressed, through examination of the relevant case-law.

In light of the impending review of the Brussels IIa Regulation, the objective of the project is to determine how the Regulation is applied in these particular cases, whether there is a uniform approach in different jurisdictions and whether the recommendations in the Commission’s Practice Guide are being adhered to. We will also consider what changes to recommend to the Brussels IIa Regulation and/or the Commission’s Practice Guide.

Figure 1 ‘Justice and the Child’ by Jayne Holliday © 

How can you help?

The Centre for Private International Law is interested in receiving information from anyone who has details of judgments in child abduction cases involving both Article 13 of the Hague Child Abduction Convention and Article 11 (8) of the Brussels IIa Regulation to further our research.

Confidentiality will be respected.

Information should be sent to Jayne Holliday at jayne.holliday@abdn.ac.uk

Principal Investigator

Professor Paul Beaumont, School of Law,
University of Aberdeen, Old Aberdeen, Scotland, United Kingdom, AB24 3UB.
Tel. +44 (0) 1224 272439
Email. p.beaumont@abdn.ac.uk

Collaborator

Dr Lara Walker,
School of Law, Politics and Sociology, University of Sussex. Brighton, United Kingdom. BS1 9SP.
Email.  lw264@sussex.ac.uk

Research Assistant

Jayne Holliday,
School of Law, University of Aberdeen, Old Aberdeen, Scotland, United Kingdom, AB24 3UB.
Email.  jayne.holliday.11@aberdeen.ac.uk

Links

• Conflicts of Law webpage
• Nuffield Foundation webpage