Riscul grav. Excepţie de la principiul înapoierii în cazul răpirilor internaţionale de minori
The serious risk. Exception to the principle of return in case of international child abduction

Summary/Abstract: International child abductions are a growing phenomenon, which has led to need for separate regulations, in the wider context of family law. Currently, such regulations exist in private international law, European Union law, but also in the domestic law of states, and there is close interference among these laws. Although the principle governing the situation of international abductions is the prompt return of the minor to the country of habitual residence, there are three major categories of exceptions to this rule, acknowledged in both private international law and European Union law. They are, in reality, concrete manifestations of the principle proclaiming that the best interests of the child are the vector criterion in the matter. In application of the above-mentioned exceptions, the international abduction court may order the non-return of the minor in the state of origin mainly if he or she has integrated into the new environment of the state of destination, there is a serious risk arising from the return of the child, or there is a breach of the fundamental principles of the requested state regarding the safeguarding of human rights and fundamental freedoms. This article aims to analyze only the exception regarding the grave risk in case of return, which is also the most disputed in juridical practice. In this legal approach, the study will discuss the most problematic substantial and procedural aspects, in an attempt to systematize them. Equally, consequences of the existence of the international abduction litigation will be analyzed, from the perspective of connections with other parallel litigations, as well as of international judicial cooperation.

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