The taking of a child from his or her habitual residence without appropriate permission is dealt with through international and EU law. The 1980 Hague Convention on the Civil Aspects of International Child Abduction provides for the return of children who have been removed from one contracting state to another - usually by a parent against the wishes of the other parent. The European Council Regulation (2201/2003) reflects the Convention as regards EU countries and enhances the provisions of the 1980 Convention. As the Deputy knows there are provisions under the Convention which are reflected in the EU Regulation and provides for the non return of a child. Under Article 13 of the 1980 Hague Convention, the Court is not bound to order the return of a child to the other jurisdiction in some circumstances, e.g. where the Court decides there is a grave risk that the child's return would expose him or her to physical or psychological harm or otherwise place that child in an intolerable situation.
A decision in relation to whether a child is returned to their habitual residence is thus a matter for the relevant judicial authority in the jurisdiction in which the child is now living and an appeal process is available when the court issues its decision in such cases.
