ABSTRACT

It is well established that the family is located within the private sphere, where parental disputes about the care of their children are traditionally resolved. Family life does not cease with divorce and thus the right to respect for family life under Article 8 is to be enjoyed by married, as well as separated, spouses together with their children. Child abduction is contrary to the best interests of the child principally because it involves the sudden removal of the child from familiar surroundings, and a complete change of family, home and school environment for a child with possible traumatic and psychological consequences. The case law of the Commission shows that the wishes of the child are not always ignored in its determination of whether an interference with family life, caused by a restriction on contact, is proportionate to the child's best interests under Article 8.