Flow chart of procedure
This figure includes a flow chart of procedure.
If a child is abducted from one EU Member state to another EU Member State, the Central Authority in the Member State of the child’s habitual residence before abduction is contacted.
This Central Authority will contact the Central Authority of the Member State where the child is.
In this case Brussels IIbis Regulation and Hague Child Abduction Convention (1980) apply for return proceedings and grounds for refusal.
If the competent court decides on the return of the child, jurisdiction is established on the basis of habitual residence: Brussels IIbis. For recognition and enforcement in other EU Member States Brussels IIbis applies as well.
If the competent court decides on the non-return of the child, there is a second chance in the EU Member State of the habitual residence before abduction, Article 11(6)-(8) of Brussels IIbis. If return is ordered, there will be recognition and enforcement in other EU Member States (Brussels IIbis Certificate and abolition of exequatur, Article 42 of Brussels IIbis).
In the case that a child is abducted from an EU Member State to a third State, the Central Authority in the Member State of the child’s habitual residence before abduction is contacted.
This Central Authority will contact the Central Authority of the third State where the child is, provided that this third State is Party to the Hague Child Abduction Convention (1980). Then the Hague Child Abduction Convention (1980) applies for return proceedings and grounds for refusal, if the third State is Party.
If the competent court decides on the return of the child, jurisdiction is established on the basis of habitual residence: Brussels IIbis. For recognition and enforcement in other EU Member States Brussels II bis applies, as well.
If the competent court decides on the non-return of the child, the habitual residence of the child will be checked. If habitual residence is within the EU, Brussels IIbis applies. If habitual residence is outside the EU, there is no jurisdiction, unless exception (Article 13) or provisional measures (Article 20).
Concerning recognition and enforcement in other EU Member States; Brussels IIbis applies. Whereas concerning recognition and enforcement in third States, Hague Child Protection Convention (1996) or national law applies.