Rights and rules applicable in the case of cross-border parental child abduction
The Ministry of Labour, the Pension System, Family and Social Policy carries out activities of the Central Authority under the Hague Convention on the Civil Aspects of International Child Abduction of 25 October 1980, the 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in respect of Parental Responsibility and Measures for the Protection of Children, Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000, and Council of Europe Convention on Contact concerning Children
I/. Convention on the Civil Aspects of International Child Abduction of 25 October 1980
Since 8 October 1991, the Republic of Croatia is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction.
The objects of the present Convention are:
The removal or the retention of a child is to be considered wrongful where: a) it is in breach of the rights of custody attributed to a person, an institution or any other body, either jointly or alone, under the law of the State in which the child was habitually resident immediately before the removal or retention; and b) at the time of removal or retention those rights were actually exercised, either jointly or alone, or would have been so exercised but for the removal or retention. The rights of custody mentioned in sub-paragraph a) above, may arise in particular by operation of the law or by a judicial or administrative decision, or by an agreement having legal effect under the law of that State.
The Convention shall apply to any child who was habitually resident in a Contracting State immediately before any breach of custody or access rights. The Convention shall cease to apply when the child reaches the age of 16.
Any person, institution or other body claiming that a child has been removed or retained in breach of custody rights may apply either to the Central Authority of the child's habitual residence or to the Central Authority of any other Contracting State for assistance in securing the return of the child.
In cases of illegal removal or retention of a child and/or impossibility of exercising the right of contacts with a child, it is possible to file an Application for the return of a child wrongfully removed or retainedor an Application for obtaining contact with a child.
Application form for the return of a child wrongfully removed or retained
Application form for obtaining contact with a child
The Act implementing the Convention on the Civil Aspects of International Child Abduction (Official Gazette No 99/2018) regulates the jurisdiction and competences of authorities and the procedure with regard to applications made in the Republic of Croatia under the provisions of the Convention.
Authorities competent for implementation of the Convention in the Republic of Croatia are: The Central Authority, the courts, the ministry responsible for internal affairs, the social welfare centre and other authorities as required.
II/. The 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in respect of Parental Responsibility and Measures for the Protection of Children, entered into force with respect to the Republic of Croatia on 1 January 2010
III/. Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000, in application in the Republic of Croatia since 1 July 2013.
IV/. Convention on Contact Concerning Children, CETS 192, of the Council of Europe, in application in the Republic of Croatian since 1 June 2009.
Detailed information on procedures for the return of a child wrongfully removed or retained, or for obtaining contact with a child by application of the Convention or Regulation, is available from the contact details and useful links below.
Contact details of the Central Authority:
Ministry of Labour, the Pension System, Family and Social Policy
Trg Nevenke Topalušić 1
10000 Zagreb
Telephone: 01 555 7111
Telephone number for calls outside of the Republic of Croatia: +385 1 555 7111
Fax: 01 555 7222
Email: ministarstvo@mdomsp.hr
(Service for International Cooperation in the field of Protection of Children)
Useful links:
European e-justice portal
https://e-justice.europa.eu/home.do?plang=hr&action=home
https://e-justice.europa.eu/content_parental_child_abduction-309-hr.do
EUR-Lex – Access to European Union law
http://eur-lex.europa.eu/homepage.html
Hague Conference on Private International Law
https://www.hcch.net/en/instruments/conventions/specialised-sections/child-abduction
https://www.hcch.net/en/instruments/conventions/full-text/?cid=70
Council of Europe
http://www.coe.int/en/web/conventions/full-list/-/conventions/treaty/192
Narodne novine (Official Gazette)
https://www.nn.hr
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I/. Convention on the Civil Aspects of International Child Abduction of 25 October 1980
Since 8 October 1991, the Republic of Croatia is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction.
The objects of the present Convention are:
- To secure the prompt return of children wrongfully removed to or retained in any Contracting State; and
- To ensure that rights of custody and of access under the law of one Contracting State are effectively respected in the other Contracting States.
The removal or the retention of a child is to be considered wrongful where: a) it is in breach of the rights of custody attributed to a person, an institution or any other body, either jointly or alone, under the law of the State in which the child was habitually resident immediately before the removal or retention; and b) at the time of removal or retention those rights were actually exercised, either jointly or alone, or would have been so exercised but for the removal or retention. The rights of custody mentioned in sub-paragraph a) above, may arise in particular by operation of the law or by a judicial or administrative decision, or by an agreement having legal effect under the law of that State.
The Convention shall apply to any child who was habitually resident in a Contracting State immediately before any breach of custody or access rights. The Convention shall cease to apply when the child reaches the age of 16.
Any person, institution or other body claiming that a child has been removed or retained in breach of custody rights may apply either to the Central Authority of the child's habitual residence or to the Central Authority of any other Contracting State for assistance in securing the return of the child.
In cases of illegal removal or retention of a child and/or impossibility of exercising the right of contacts with a child, it is possible to file an Application for the return of a child wrongfully removed or retainedor an Application for obtaining contact with a child.
Application form for the return of a child wrongfully removed or retained
Application form for obtaining contact with a child
The Act implementing the Convention on the Civil Aspects of International Child Abduction (Official Gazette No 99/2018) regulates the jurisdiction and competences of authorities and the procedure with regard to applications made in the Republic of Croatia under the provisions of the Convention.
Authorities competent for implementation of the Convention in the Republic of Croatia are: The Central Authority, the courts, the ministry responsible for internal affairs, the social welfare centre and other authorities as required.
II/. The 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in respect of Parental Responsibility and Measures for the Protection of Children, entered into force with respect to the Republic of Croatia on 1 January 2010
III/. Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000, in application in the Republic of Croatia since 1 July 2013.
IV/. Convention on Contact Concerning Children, CETS 192, of the Council of Europe, in application in the Republic of Croatian since 1 June 2009.
Detailed information on procedures for the return of a child wrongfully removed or retained, or for obtaining contact with a child by application of the Convention or Regulation, is available from the contact details and useful links below.
Contact details of the Central Authority:
Ministry of Labour, the Pension System, Family and Social Policy
Trg Nevenke Topalušić 1
10000 Zagreb
Telephone: 01 555 7111
Telephone number for calls outside of the Republic of Croatia: +385 1 555 7111
Fax: 01 555 7222
Email: ministarstvo@mdomsp.hr
(Service for International Cooperation in the field of Protection of Children)
Useful links:
European e-justice portal
https://e-justice.europa.eu/home.do?plang=hr&action=home
https://e-justice.europa.eu/content_parental_child_abduction-309-hr.do
EUR-Lex – Access to European Union law
http://eur-lex.europa.eu/homepage.html
Hague Conference on Private International Law
https://www.hcch.net/en/instruments/conventions/specialised-sections/child-abduction
https://www.hcch.net/en/instruments/conventions/full-text/?cid=70
Council of Europe
http://www.coe.int/en/web/conventions/full-list/-/conventions/treaty/192
Narodne novine (Official Gazette)
https://www.nn.hr
Please help us improve