ANALYSIS OF THE PROBLEMS OF THE CIVIL ASPECT OF INTERNATIONAL CHILD ABDUCTION IN PRIVATE INTERNATIONAL LAW OF UKRAINE

Cross-border cases of wrongful removal or retention of a child violate the personal non-property rights of the child and parents to communicate. In numerous situations of international child abduction, the best interests of the child are violated. The return of children to their state of habitual residence is too lengthy and complex. This is due to the peculiarities of national legislation and the workload of national courts. Cases on the return of «abducted», wrongfully removed (retained) children are cases with a foreign element, which are resolved through the Hague Convention on the Civil Aspects of International Child Abduction. The purpose of the article is to analyze the legal issues and problems of the civil aspect of international child abduction by persons having the right to custody (guardianship). The article presents an analytical and research view of the problem of the civil aspect of child abduction from the habitual residence.

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Publication Details

Journal
Baltic Journal of Legal and Social Sciences
Published
2024-10-17
DOI
https://doi.org/10.30525/2592-8813-2024-3-9
Primary Topic
Conflict of Laws and Jurisdiction
Type
article
Field-Weighted Citation Impact
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article

ANALYSIS OF THE PROBLEMS OF THE CIVIL ASPECT OF INTERNATIONAL CHILD ABDUCTION IN PRIVATE INTERNATIONAL LAW OF UKRAINE

Olena Sushch
Baltic Journal of Legal and Social Sciences
Conflict of Laws and Jurisdiction
article

ANALYSIS OF THE PROBLEMS OF THE CIVIL ASPECT OF INTERNATIONAL CHILD ABDUCTION IN PRIVATE INTERNATIONAL LAW OF UKRAINE

Olena Sushch
article en

Abstract

Cross-border cases of wrongful removal or retention of a child violate the personal non-property rights of the child and parents to communicate. In numerous situations of international child abduction, the best interests of the child are violated. The return of children to their state of habitual residence is too lengthy and complex. This is due to the peculiarities of national legislation and the workload of national courts. Cases on the return of «abducted», wrongfully removed (retained) children are cases with a foreign element, which are resolved through the Hague Convention on the Civil Aspects of International Child Abduction. The purpose of the article is to analyze the legal issues and problems of the civil aspect of international child abduction by persons having the right to custody (guardianship). The article presents an analytical and research view of the problem of the civil aspect of child abduction from the habitual residence.

Baltic Journal of Legal and Social Sciences(3)
University of Helsinki (FI)
Peace, Justice and strong institutions
Openalex Percentile: Top 71%
Conflict of Laws and Jurisdiction
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