Civilnoprocesni vidik mednarodne ugrabitve otrok : doktorska disertacija

slovenian

doktorska dela

2022

applicable law   best interest of the child   civil procedure aspect   court's international jurisdiction   habitual residence   international child abduction   opinion of the child   recognition/enforcement of foreign decisions   re-evaluation mechanism

Univerza v Ljubljani, Pravna fakulteta
(Obvezni izvod spletne publikacije)

The dissertation addresses the civil procedural law aspect of the international mechanism set up to deal with situations of family separations, where an unlawful conduct of one of the parents who relocates the child to another country occurs, perhaps even prior to the Court’s ruling on the custody of the child or after the Court’s ruling on the matter, but where one of the parents has been unable to accept that decision. The mechanism consists of three levels. At international level, the Convention on Civil Law Aspects of International Child Abduction identifies an infringement of the beneficiary’s right to exercise parental responsibility obtained by virtue of a law or decision as a wrongful act. The Convention, as an instrument of private international law, has been incorporated and upgraded in the European Union legal area (second level) through Regulation No. 2201/2003 (known as Brussels II bis Regulation) which aims to ensure a closer judicial cooperation between Member States on basis of mutual trust. The third level is the national level, where the provisions of those acts are applied by national courts.

15.05.2023