Impedimente în procedura returnării copilului răpit internaţional la reşedinţa sa obişnuită

Avocat Daniela Louise MOHANU^*

* Daniela Louise Mohanu este avocat în Baroul Bucureşti.

ABSTRACT

In the case of a final court decision ordering the urgent return of an internationally abducted minor to his or her habitual residence and which also obliges the abducting parent to surrender the minor's passport or other travel documents, as the case may be, to the plaintiff or, in their absence, to cooperate in issuing travel documents in the minor's name for the purpose of his or her return, and in the case of the abducting parent's refusal, the court's decision shall substitute the latter's consent, in this regard, the public authorities in the state of travel are obliged to issue the travel document to the abducted minor, without making his or her release conditional on the abducting parent's consent. In the matter of child abduction, the signatory states of the European Convention on Human Rights...