The International Child Abduction in EU countries

When a child has been wrongfully removed from an EU country to another member state, by a parent without the authorization of the other parent (or in violation of the judgment given by a court of the country of habitual residence of the child) is possible to start a judicial procedure in order to obtain the respect of custody rights or the restoration of access right.
According to Regulation (EC) No 2201/2003 concerning jurisdiction, recognition and enforcement of judgments in matrimonial and parental responsibility matters, the final decision will be taken by the judges of the member state where the child has lived with the custodial parent before the abduction by the other parent. Therefore, it is prohibited the practice of transferring the child abroad, hoping to obtain a different decision on custody. In fact, according to EU legislation, if the non-custodial parent wants to challenge the sentence on custody, he must appeal it before the same jurisdiction that issued it. So, the courts of the country in which the child has been wrongfully conducted are obliged to order his return to the country of habitual residence of the custodial parent.
An example may be helpful:
Mark and Claudia live in Italy since 10 years. Their daughter Naomi, 5 years old, was born in Italy. In 2011 an Italian judge entrusts the child to Claudia. The day after Mark, unhappy for the decision of the Italian courts, moved with Naomi in Germany, where he asks to a German the custody of the child. The German court can not ignore the decision of the Italian judge and must order the return of Naomi in Italy.

By Mr. Luca Santaniello
Lawyer at Santaniello & Partners

Note: see also International Child Abduction in Italy and Hague Convention of 25 October 1980