| Abstract [eng] |
Civil Aspects of International Child Abduction in the European Union Law This thesis analyses the institute of Civil Aspects of International Child Abduction in European Union law. The purpose of this institute is to discourage child’s parents or other custody rights holders from unlawful child’s removal and/or retention to other countries. The procedure of a child return is strictly regulated, inter alia, by the provisions set out in the 1980 Hague Convention on Child Abduction and Brussels II bis Regulation. As of 2022 Brussels II bis Regulation is being recast resulting changes in the legal regulation of this institute consequently they were described in this work. The first part of this thesis deals with the general concept of the institute, the jurisdictional rules, the principles of the protection of the best interests of a child. The second part of this thesis analyses the procedure of a child return in court, the peculiarities of the exemptions provided in the 1980 Hague Convention, the importance of the terms established by the previous mentioned laws. In the third part of this paper the author analyses the process after the decision of the court to return or to refuse to return child to the country of his origin. It is anticipated that this analysis will contribute to more effective application of the institute of the Child Abduction in the case law of Lithuania. |
