The European protection of childrens rights: the childs right to maintain personal relationships and direct contact with both parents in cases of abduction

Abstract

The purpose of this thesis is to focus on the question of how to secure better protection of the child’s right to maintain personal relationships and direct contact with both parents in the cases of international parental child abduction. In Europe every year several thousand children are abducted by one of their parents and deprived of any contact with the other parent. Parental abduction consisting of wrongful removal or retention is considered to be child abuse and may cause serious emotional and psychological consequences. This thesis is divided into three parts. The first one outlines the most important aspects of child’s right to contact. The second part analyses European legislative regulation addressing the parental international child abduction from the perspective of the child. Moreover, the importance of family mediation is demonstrated as an alternative way to courts proceedings and a suitable method to solve disputes concerning the child. Lastly, there is an examination of how international standards are implemented at the national level, particularly in the United Kingdom and France. In conclusion of the research several recommendations are provided on how to improve the child’s right to contact with both parents