Child Abduction by a Parent or Exercising Parental Authority: Balancing European and National Regulations
Child Abduction by a Parent or Exercising Parental Authority: Balancing European and National Regulations

Summary/Abstract: 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.

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