THE ADJUDICATION OF INTERNATIONAL CHILD ABDUCTION CASES: A PRACTICAL STUDY
DOI:
https://doi.org/10.17721/1728-2195/2026/1.131-10Keywords:
The 1980 Convention on the Civil Aspects of International Child Abduction, the wrongful removal of children, the return of a child to the state of habitual residence, the taking of evidence, court practiseAbstract
Background. This article examines the procedure for consideration of cases concerning the return of a child to the country of habitual residence under the 1980 Convention on the Civil Aspects of International Child Abduction, the subject matter and procedures for the establishment of evidence in this category of cases, and issues relating to compliance with time limits in such cases. The relevance of the topic arises from Ukraine's failure to comply with the requirements of the 1980 Convention on the Civil Aspects of International Child Abduction and the lack of clarity in judicial practice regarding cases involving the return of a child to the country of habitual residence.
Methods. In preparing this study, the following methods were employed: formal-legal and comparative-legal approaches, an analysis of legal practice, as well as methods of synthesis and legal modelling.
Results. This study examines the legal framework governing proceedings for the return of children to their habitual residence. Furthermore, it analyses current Ukrainian case law regarding the subject matter of proof in cases under the Convention on the Civil Aspects of International Child Abduction, as well as the timeframes for resolving disputes in this category of cases. Barriers to compliance with time limits in the resolution of such cases have been identified. Ways to improve the handling of cases concerning the return of a child to their country of habitual residence have been developed.
Conclusions. In order to ensure compliance with the 1980 Hague Convention on the Civil Aspects of International Child Abduction by Ukrainian court and executive authorities, we consider it necessary to take the following steps: to establish in the Civil Procedure Code of Ukraine a new type of interim remedy for establishing a temporary order for contact with a child; to implement the international concept of “safe return” into national judicial practice (in particular, when assessing risks under Article 13(b) of the Convention; exclude the mandatory participation of guardianship and custody authorities in this category of cases by amending the Family Code of Ukraine, as well as to include decisions on the return of a child in the list of judgments subject to immediate enforcement.
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