INTERACTION BETWEEN HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION AND DOMESTIC LITIGATIONS CONCERNING DOMICILE OF THE CHILD AND PARENTAL AUTHORITY

Abstract

In the vast majority of cases, international abduction of a child determines almost per se litigations both at international and national level, namely an international litigation based on provisions of Hague Convention on the civil aspects of international child abduction and a domestic litigation aiming at establishing the domicile of the child in the state of destination and other different measures concerning the child which fall within the area of parental authority (joint or exclusive). The purpose of the article is to analyze the interaction between the international and the national case and how they influence each other from a double perspective (procedural and substantial), taking into account that the two litigations are generally pending at the same time. Even the mere coexistence of the two litigations gives rise to the question which one should have priority in solving. Therefore, the objectives of this study are, on the one hand, to examine the implications in the domestic litigation of the decision pronounced in the Hague litigation (international competence, suspension of the national case, elements which are covered by the res judicata principle), and on the other hand to identify how a national decision on domicile and parental authority may influence the solution in the Hague case.

Keywords

• international abduction of a child
• international litigation
• domestic litigation
• procedural implications
• substantial implications