Op-Ed: “Keeping the Ship steady: the consistent Approach to Child Abduction in Greislzel (C-35/23)”

The recent ruling by the Court of Justice (‘the Court’) in Greislzel (C-35/23) represents an interesting development in the interpretation and application of the Brussels IIa Regulation concerning international child abduction. This case not only clarifies the legal interplay between the Brussels IIa Regulation and the 1980 Hague Convention on the Civil Aspects of International Child Abduction but also sets an important precedent for future cases involving third countries.

Background

The case involves a German-Polish couple whose child, L, was born in Switzerland. After initially residing in Germany with her mother, L was moved to Poland. The father, who remained in Switzerland, initially consented to the move, assuming it