Hague Convention on Child Abduction

9.7.2013

Question for written answer P-008177-13
to the Commission
Rule 117
Linda McAvan (S&D)

The Convention of 25 October 1980 on the Civil Aspects of International Child Abduction is the main international family law treaty concerned with child abduction (or the wrongful retention of children) [1]. It helps to facilitate legally the return of a child to a parent from one signatory country to another, where wrongful removal by another parent has taken place.

For a state to accede to and start operating the Convention, it must have previously been accepted by all existing signatories. On 1 August 2004, Regulation EC No 2201/2003 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility (‘Brussels II’) entered into force. As this regulation overlaps with elements of the Convention, our understanding is as follows:

Only the Commission can give states permission to agree to applications from other states to accede to the 1980 Hague Convention on Child Abduction.

The Commission takes the view that the Member States should allow en bloc accessions.

— Can the Commission confirm that this is correct? And can it broadly explain its procedures relating to a third country applying to the Convention and being granted accession?

— Is the Commission aware of the potential time delay for countries acceding to the Convention as a result of its assertion of competence on this issue? Can it give examples of the current actions it is taking to facilitate the necessary consent of the Member States to third countries’ accession?

• [1] http://www.hcch.net/index_en.php?act=text.display&tid=21.

OJ C 65 E, 05/03/2014