Child abduction proceedings

Abstract

This article deals with the legal processing of a serious problem regarding societal security, human rights and the rights of minors, i.e. child abduction. The procedure of the returning of an abducted child is one of the most challenging types of court proceedings. Courts decide within the statutory time limit of six weeks after filing the petition. There is a foreign element in the proceedings, embodied either by the parties to the proceedings or by the necessity of clarifying the child’s habitual residence. Translators or interpreters are recruited to guarantee the parties’ right to act in their mother tongues. The court, as a rule, executes and orders expert evidence within a short period of time, for example to determine the circumstances that rule out the return of the minor to his/her country. As a rule, hearings take place all day or several days in a row. Courts apply international treaties and EU law when making decisions. The difficulty of bringing proceedings is additionally increased by frequent requests from the court hearing the authorities of the Member State of the habitual residence of the minor. The return of the child is usually accompanied by tensions between the parties, emotions and stress.