La movilidad de niños y niñas más allá de las fronteras de la Unión(Traslado lícito e ilícito de menores de un Estado miembro a un Estado tercero)

Abstract

This article analyses the tension in the EU system of sources of parental responsibility based on the assessment of a list of cases recently known by the CJEU. The first of them related to a lawful relocation of the child, and the other two related to a wrongful retention. Those three situations share the fact that the child is removed, either lawfully or unlawfully, to a third country to the EU, which is a party to the 1996 Hague Convention. Within the rich and diverse practice of the Court of Luxembourg in the matter, these cases stand out for addressing a non-EU dimension not always sufficiently studied and that, however, as the caselaw of study reflects, have an increasing regularity, and difficulty.