Utjecaj pandemije na donošenje odluke o povratku nezakonito odvedenog djeteta u državu njegovog uobičajenog boravišta
The Effects of Pandemic to Decision to Return a Wrongfully Taken Child to the State of Its Habitual Residence

Author(s): Ramajana Demirović, Anita Duraković
Subject(s): Social Sciences, Law, Constitution, Jurisprudence
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Pandemic; Grave danger; Serous danger; Refusing the Return of a Child; Cross-border Transferring or Withholding of a Child; Hague Convention from 1980;
Summary/Abstract: The paper deals with the possible legal implications of pandemic from the perspective of international family law in cases of wrongful cross-border transferring or withholding of a child. Assuming that competent authorities could in the future use pandemic as a pretext for decision to refuse to return the child to the state of its habitual residence, the authors of this article analyze from doctrinal and practical aspect Article 13, Section 1 of the Hague Convention on the Civil Aspects of International Child Abduction from 1980 which stipulates, inter alia, that judicial or administrative authority of the requested State is not bound to order the return of the child if there is a grave risk that his or her return would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation. The aim of this paper is to establish if and to what extent pandemic can lead to redefining the concept of „grave danger“ and to point to difficulties in establishing the concept of „grave danger“ in individual cases.

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