Abstract

The judgment of the Court of Justice of the European Union (CJEU) in the McB case has reopened the issue of custody rights of unmarried fathers. Determining who is entitled to custody is one of the most controversial issues due to the differences between the laws of the Member States, mainly regarding the rights of fathers who have not married the mothers. It is important to emphasise the consequences that the different regulations of the Member States have on cases of child abduction. Child removal will be considered wrongful if such removal is in breach of custody rights. Therefore, it is essential to define what rights of custody are and who is entitled to such rights.

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