U SUSRET NOVOM KOMUNITARNOM UREĐENJU PREKOGRANIČNE OTMICE DJECE
TOWARD A NEW COMMUNITARIAN REGULATION OF CROSS-BORDER PARENTAL CHILD ABDUCTION

Summary/Abstract: We are witnesses of an increasing number of cases of cross-border removal or retention of a child due to intensive cross-border migrations and unresolved legal relations between parents, on the one hand, and parents and children, on the other. The most important international instrument governing the cross-border removal or detention of a child is The 1980 Hague Convention on the Civil Aspects of International Abduction. The legal framework, which was introduced by it, was additionally strengthened by communitarian regulations: Council Regulation 2201/2003 and Council Regulation 2019/1111. The central part of the paper will be dedicated to Regulation 2019/1111, which, as a new legal instrument, pays special attention to the issue of cross-border removal or retention of a child. An understanding of this matter would not be complete without a brief review of the solutions of The 1980 Hague Convention and Council Regulation 2201/2003. The authors intend to acquaint the domestic public with the new legal instrument, because, when it comes to Bosnia and Herzegovina, in most cases of cross-border abduction or detention of child, these cases are related to a member state of the European Union. Also, knowledge and understanding of new communitarian solutions is extremely important in the context of Bosnia and Herzegovina’s international obligations arising from its commitment to become a member of the European Union.

• Details
• Contents