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The general provisions on these issues may be found in Article 11 of the Convention on the Rights of the Child of 20 November 1989 (the list of State Parties as of 9 June 2004 may be found here).

Special provisions related to these issues may be then found in the Convention on the Civil Aspects of International Child Abduction of 25 October 1980 (the list of State Parties may be found here).

The relations within the European Union (a child is abducted from one Member State to another) are primarily governed by the Council Regulation (EC) No. 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No. 1347/2000, also called Brussels II bis Regulation or Brussels IIa Regulation. However, the Regulation is only applicable for the defined aspects and it does not apply to Denmark.

Another effective international document includes the European Convention on Recognition and Enforcement of Decisions concerning Custody of Children and on Restoration of Custody of Children of 20 May 1980 (the list of the State Parties may be found here ), whereas its signatories include both EU Member States and other countries. As for the issues governed by both the Brussels IIa regulation and the above-mentioned Convention, the relationships between the member states are preferably governed by the Regulation, whereas the Convention shall apply to other issues not treated in the Regulation, e.g. the relations with Denmark or Switzerland.

The texts of the above international treaties can be found in the Links section.

In the case of the relations of the Czech Republic with the countries to which none of the above special instruments apply, it is necessary to apply either bilateral agreements on legal assistance (if there are any) or you need to proceed on the basis of terms of reciprocity between the concerned states, using diplomatic channels.



Office for International Legal Protection of Children

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