ПОРОДИЧНОПРАВНИ АСПЕКТИ МЕЂУНАРОДНЕ, РОДИТЕЉСКЕ ОТМИЦЕ ДЕЦЕ
FAMILY LAW ASPECTS OF INTERNATIONAL PARENTAL CHILD ABDUCTION

Summary/Abstract: The author deals with civil aspects of international child abduction, regulated by the Convention on the Civil Aspects of International Child Abduction signed in 1980, and ratified by former Yugoslavia in 1991. The author analyzes two situations: the first, when a child is wrongfully removed from one contracting state to Serbia, or wrongfully retained in Serbia, and the second, when a child is wrongfully removed from Serbia to another contracting state, or wrongfully retained in another contracting state. Serbian authorities presently work on a Draft Act on Implementation of the Convention. The aims of this Act are: to enhance uniformity of the practice of Serbian courts in this area, to enable the courts to act promptly, and to regulate procedural issues. Furthermore, pursuant to Articles 75 and 78/3,4 of the Family Act of Serbia, removal or retention of the child is considered wrongful if parents are not in agreement on relocation of the child, regardless of whether they exercise parental rights jointly or independently. This rule causes problems of interpretation for foreign courts. In the end, the author draws attention to the difficulties of proving that a parent has given consent to relocation, as one of the most complicated issues in judicial practice. In conclusion, author pledges for wider use of mediation in abduction cases.

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