DETERMINAREA REȘEDINȚEI OBIȘNUITE A COPILULUI POTRIVIT CONVENȚIEI ASUPRA ASPECTELOR CIVILE ALE RĂPIRII INTERNAȚIONALE DE COPII DE LA HAGA DIN 25 OCTOMBRIE 1980

Abstract

The Hague Convention on the civil aspects of international child abduction of 25 October 1980 represents a viable mechanism for the situation of returning children to their country of origin in the event of an international abduction. The goal of present study is to reveal the meaning and essence of the concept of ”child`s habitual residence” in order to disclose the procedural particularities of the instruments provided by the HCCH 1980 Child Abduction Convention, so that the interest of the children’s, which seeks protection from the harmful effects of wrongful removal and retention across international boundaries, were protected efficiently. In this regard, present study proceeded to identify the defining criteria of ”child`s habitual residence” through HCCH 1980 Child Abduction Convention, the detailed analysis of interpretation of High International Courts, such as: European Court of Human Rights and European Court of Justice, through its cases. No less important attention was paid to internal regulations by analyzing the relevant provisions of the Civil Code of the Republic of Moldova in determining the notion of the child`s usual residence.