Missing Children Publication Hub

The publications in this section contain the results of our research as well as curated research on topics and issues relevant to missing children in Europe and the world. Example of the type of research you can find are understanding the causes of the different types of missing children cases in Europe, policy on missing children, search and rescue operations and family support. The menu and submenu options below will help you find what you're looking for.

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Missing Children Publication Hub

Parental Abduction

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Child Abduction by a Parent or Exercising Parental Authority: Balancing European and National Regulations (by Oana Ghiţă )

The study aims to achieve normative distinction between the kidnapping of a child and exercise parental authority through the legal conditions in which such an act requires state intervention. This also led to the creation of an international instrument which must be applicable when the situation goes beyond the borders of a state. The 1980 Hague Convention is applicable legislative act in case one of the parents resorts to the taking away or refusing to return the child to the child’s habitual residence when it involves a move from one contracting state to another. Nonetheless, we should keep in mind the fact that the perpetrator, in this case, is one of the child's parents, and restoring the legal situation is done through civil law, without involving the criminal law if there is a complaint in this regard. Established jurisprudence shows us the real applicability of the Convention, the conditions for determining the classification of the deed make it necessary to analyze it from one case to another. This main focus of this paper is an analysis of the conditions that the removal or refusal to return the child must meet in order to fall under the text of the Convention. The exceptions to the obligation to return the child to his/her habitual residence immediately leads to some discussions that we want to emphasize through the analysis of several decisions in this regard.


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