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Theoretical Aspects and Judicial Practice Aspects Regarding the Return of the Displaced or Kept Child by Violating a Right Related to Entrusting

Author

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  • Gavrilescu, Alin-Gheorghe

    (,,Constantin Brâncusi” University of Tg-Jiu, Romania)

Abstract

The article discusses the main problems referring to the return of the displaced or unlawfully kept child, considering the stipulations of the Hague Convention on the civil aspects of the international children kidnapping of Regulation (EC) no. 2201/2003 of the European Union Council from November, 27th 2003 regarding the competence, the acknowledgement and the execution of the judicial decisions in matrimonial matter and in the parental responsibility matter, and also of Law no. 369/2004 regarding the application of the Convention on the civil aspects of the international children kidnapping, adopted at Hague on October, 25th 1980, where Romania accessed by Law no. 100/1992. After a short introductory part regarding the juridical frame, there are analysed the unlawful feature of the displacement or of the keeping, and also the competence in matter of returning the child, and then it is presented the procedure of returning the child and in the final part it is examined the possibility of the judicial or administrative authority not to dispose the child’s return.

Suggested Citation

  • Gavrilescu, Alin-Gheorghe, 2011. "Theoretical Aspects and Judicial Practice Aspects Regarding the Return of the Displaced or Kept Child by Violating a Right Related to Entrusting," Annals - Juridical Science Series, Constantin Brancusi University, Faculty of Juridical Sciences, vol. 1, pages 67-82, April.
  • Handle: RePEc:cbu:jrnlju:y:2011:v:1:p:67-82
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    Keywords

    judicial or administrative authority; displacement or unlawful keeping of the child; return of the child; the right related to the entrusting; central authority; usual residence;

    JEL classification:

    • K36 - Law and Economics - - Other Substantive Areas of Law - - - Family and Personal Law

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