IDEAS home Printed from https://ideas.repec.org/h/elg/eechap/20040_11.html
   My bibliography  Save this book chapter

The Court of Justice of the European Union and international abduction of children

In: Research Handbook on International Child Abduction

Author

Listed:
  • Costanza Honorati

Abstract

The EU developed a complex set of rules for international abduction of children, which, albeit based on a formal reference to the 1980 Hague Abduction Convention, experimented with new solutions and acquired its own specificity. After nearly 20 years of this combined set of rules being applied under the guidance of the Court of Justice of the European Union (CJEU), it is suggested that some of the guidance offered to EU national courts may also be of some interest to third States. The chapter focuses on a few selected topics (e.g., the child’s habitual residence; termination of retained jurisdiction; provisional measures; hearing of the child; the child’s right to personal relations with both parents and adequate arrangements for the child’s safe return) where the impact of the CJEU has been stronger and where a welcome cross-fertilisation with the practice of third States could be possible.

Suggested Citation

  • Costanza Honorati, 2023. "The Court of Justice of the European Union and international abduction of children," Chapters, in: Marilyn Freeman & Nicola Taylor (ed.), Research Handbook on International Child Abduction, chapter 11, pages 163-178, Edward Elgar Publishing.
  • Handle: RePEc:elg:eechap:20040_11
    as

    Download full text from publisher

    File URL: https://www.elgaronline.com/view/edcoll/9781800372511/9781800372511.00024.xml
    Download Restriction: no
    ---><---

    More about this item

    Keywords

    Law - Academic;

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:elg:eechap:20040_11. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Darrel McCalla (email available below). General contact details of provider: http://www.e-elgar.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.