Interesele părinților versus interesele copiilor în procedurile privind înapoierea copilului în statul reședinței sale obișnuite [Articol]

Abstract

The procedure for returning a child to his or her habitual residence combines the interests of both the child and his or her legal representatives. Generally, the child's interest in this type of case is primarily to be safe, to maintain close relations with both parents and not to be subjected to stress due to a number of factors related to settling in another country. Finally, the interests of the parents consist in maintaining a close bond with the child, in the possibility of having direct contact with him or her and in the possibility of educating him or her according to their own beliefs. A common point can be identified, and this consists in the connection between the child and the parent and the need for each other. However, the child is privileged due to his or her young age, which requires increased protection. The author aims to argue the viability of the statement that the child's interest will prevail over the interests of his or her parents in the processes of returning the child to the state of his or her habitual residence.