91997E3715

WRITTEN QUESTION P-3715/97 by Heidi Hautala (V) to the Commission (12 November 1997)

Subject: Kidnapping of children

From time to time, as a result of divorce or marriage breakdown, children are snatched in the EU Member States and taken to countries with different cultures. It is made particularly difficult for a Member State's authorities to act when a child is taken to a country whose legislation places the power of decision over the child with its father and his family.

There is little information available about child-snatching, and the EU Member States do not make use of each others' experience in order to get children back. What initiatives has the Commission taken to investigate instances of child-snatching? How is the Commission monitoring compliance with the Hague convention? How is the child's interest assessed where it is shown that compliance with the provisions of the Hague convention will do more harm than good to the child?

Answer given by Mrs Gradin on behalf of the Commission (5 December 1997)

Repatriation of children snatched in this way is organised under the 1980 Hague Convention, which has been ratified by a large number of States, including almost all Member States, and under the 1980 Luxembourg Convention, also ratified by several Member States. These Conventions provide for the appointment of the central authorities responsible, in particular, for examining and settling the individual cases of child snatching or failure to return children which are submitted to them.

The implementation of the 1980 Hague Convention is monitored by the Hague Conference, which holds regular meetings of the central authorities with a view to improving the practical operation of the Convention. The Commission is involved in Hague Conference deliberations.

Article 13 of the Hague Convention provides that the return of a child may be refused where 'there is a grave risk that his or her return would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation'. It is also laid down that the return may be refused if the child objects to it and 'if the child has attained an age and degree of maturity at which it is appropriate to take account of its view'. The national authority, which must take a decision on the request for the return, thus has the sovereign power to determine whether or not the return should be ordered on the basis of the child's interest.

The Commission is not planning to take special initiatives with regard to the snatching of children by one of the parents or by a family member on the breakdown of a marriage.