Abstract
This article examines how the European Court of Human Rights has clarified its jurisprudence on how the 1980 Hague Child Abduction Convention Article 13 exceptions are to be applied in a manner that is consistent with Article 8 of the European Convention on Human Rights. It also analyses recent case law of the European Court of Human Rights on how the courts in the EU are to handle child abduction cases where the courts of the habitual residence have made use of their power under Article 11 of Brussels IIa.
| Original language | English |
|---|---|
| Pages (from-to) | 39-63 |
| Number of pages | 25 |
| Journal | International and Comparative Law Quarterly |
| Volume | 64 |
| Issue number | 1 |
| Early online date | 29 Jan 2015 |
| DOIs | |
| Publication status | Published - Jan 2015 |
Keywords
- Brussels IIa Regulation
- case law
- child abduction
- consistency
- European Court of Human Rights
- Hague Convention on the Civil Aspects of International Child Abduction
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Katarina Trimmings
- School of Law, Law - Personal Chair
- School of Law, Centre for Private International Law
Person: Academic