Child abduction before Croatian courts with special regard to applications coming from Germany

Abstract

Finally, some points regarding the application of the Hague Child Abduction Convention in Croatia should be highlighted. The conducted research shows the following:

1. Disadvantages in terms of legislation: a) Child abduction laws are not yet in force (legislative process is ongoing); b) The rules of civil procedure and substantive family law that usually apply (and sometimes rely only on analogy) are not appropriate to child abduction cases; c) Outdated provisions on private international law (although corresponding legislative processes are ongoing); d) Misleading translations of conventions and regulations; the unsystematic official translation into Croatian; e) Inadequate treatment of mediation in child abduction cases
2. No access to: a) written comments in Croatian on the application of regulations/conventions; b) domestic and foreign court practice; c) Informal / formal communication; d) internal communication (between central authorities, courts, social services, police, etc.); d) international communication - no judge in the International Hague Network of Judges (IHNJ), insufficient use of the European Judicial Network (EJN).
3. Unsystematic and incorrect interpretation of the Hague Child Abduction Convention and the Brussels IIa Regulation.

The following changes can be made to improve the current situation. It is evident that the core problem lies in the lack of legislation, due in part to the government's ineffectiveness. A second problem lies in the judicial interpretation of the most important terms of the Convention (e.g. habitual residence, serious danger, unlawful kidnapping) and the coordination of the application of the Convention on the one hand and the Brussels IIa Regulation on the other.

The majority of the problems could be solved by legislation implementing the relevant provisions, by special jurisdictions of the courts, by specialized courts and judicial departments, improved mediation, special procedural rules with shorter time limits and appeals limited both in terms of time for lodging filing and possible reasons, by special enforcement rules as well as by creating a legal framework for additional communication between competent authorities in Croatia. A precise collection and listing of relevant contact points (EJN, IHNJ) would facilitate communication with foreign authorities. Adequate literature on local legal terminology and the creation of a user-friendly database on the Internet would also be helpful. The work of judges could also be further improved through further training and further education measures. It should also be ensured that the judges share the knowledge thus acquired with their colleagues.