ABSTRACT

The abduction of a child by their parent across an international border represents a significant challenge for legal regulation because it may cause harm to the welfare of the child concerned and permanently affect their relationship with one parent, potentially terminating it. Domestic violence is a problem within all patriarchal cultures, including the Member States of the European Union (EU), encompassing physical abuse, but also sexual and verbal abuse, economic coercion and social isolation. The EU has recently legislated in relation to international child abduction in Regulation 2201/2003 which complements the Hague Convention 1980. EU interest in the family has largely developed through its competence to regulate the free movement of workers and their families within the European space under Article 39 EC. Relocation with a child may be lawful, but in some circumstances, the removal or retention of a child to or in a State other than their habitual residence constitutes an unlawful abduction.