Family private international law issues before the European court of human rights: Lessons to be learned from Povse v Austria in revising the Brussels IIa regulation

Abstract

This contribution analyses the manner in which the 1980 Child Abduction Convention has been applied within the legislative framework of the Regulation Brussels IIa in the light of the decision Povse v. Austria. This factually and legally complex case reached both the CJEU and the ECtHR. It illustrates shortcomings and difficulties in applying and interpreting the existing procedural framework on international child abduction in the European Union. Possible solutions are suggested in the present paper on how to shape a legislative framework which would more appropriately accommodate the needs of actors in cross-border child abduction litigation in the best interest of the child.