Opposing the return of an abducted child: Brussels and The Hague on the move

Abstract

The adequacy of the solutions foreseen in the otherwise successful Hague Convention 1980 on
child abduction has been increasingly questioned. This has been particularly so in relation to abductions
linked to domestic violence. Criticisms have also been relevant in relation to the EU rules on child
abduction. In this context, both the Hague Conference and the European Union have undertaken a revision
of these rules. The former has put forward a Draft Guide to good practice on Article 13(1)(b) on the
assumption that there is no need to review the rule but to foster its proper application. The proposal for a
Brussels II Regulation Recast EU, on the other hand, includes a thorough reform of the Regulation in
relation to child abduction. Both texts aim at securing the return of the child by means of the adoption of
protective measures. This article addresses the solutions proposed in both documents in the light of the
aims they pursue in order to evaluate their significance and the reciprocal impact they may have.