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BrusselsIIa

Brussels IIa

The Regulation applies to cases of international parental child abduction within the EU (except Denmark) and also the enforcement of orders for contact similar to Article 21 of the Hague Convention.

The Regulation also modifies the application of the Hague Convention in intra EU cases. Greater emphasis is now placed on hearing the views of the children, dependant on their age and level of maturity. The left behind parent is provided with an opportunity to put their views across before a decision not to return a child is made. This Regulation also narrows the scope for an Article 13b defence in the Hague Convention. It also allows for the left behind parent to litigate the issue of residence in their own country if a non return order is made. If an order is then made requesting the return of the child, the country which originally made the non return order has to enforce this subsequent return order and return the child.

Page updated: Tuesday, March 21, 2006