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© 2015 Akadémiai Kiadó, Budapest
Acta Juridica Hungarica 56, No 4, pp. 317–342 (2015)
DOI: 10.1556/026.2015.56.4.6
International Child Abduction Cases in Hungary
A Comprehensive Summary of Statistics, Legal Framework and
Important Case Law
by Tamás Dezső ziegler
*
Abstract. This article summarizes the background of child abduction cases related to Hungary, giving a
comprehensive analysis of such cases between the period of 2000 and 2014. In the frst section, the reader fnds a
statistical analysis and the second part deals with the legal and practical background. The fnal conclusions give
some recommendations for the European and domestic legislators. The essay was created as part of a report
published by the European Parliament, collected by the Swiss Institute of Comparative Law on the actual situation
of child abduction in Europe.
Keywords: child abduction, 1980 Hague Convention on International Child Abduction, Brussels IIa
Regulation, European Court of Human Rights, case law
1. INTRODUCTION
Hungary became part of the European Union in 2004, and since then, there has been a
continuous, linear increase in the number of child abduction cases in the country, clearly
shows the increasingly importance of the problem. The increased internationalization of
Hungary and its citizens has resulted in increased international relations between citizens
and foreigners. In 1999, a report by the Hague Conference on Private International Law
found
1
that there had only been a couple of cases (only eight incoming return applications)
related to Hungary, while currently the number of such cases has increased to over one
hundred per year. Interestingly, the assessment highlighted two important facts which would
appear not to have changed over time.
First, the typical case of child abduction involve a family situation in which a woman
who possesses Hungarian citizenship married a man from Western-Europe or Canada. They
subsequently fle for divorce, the woman takes the child to Hungary and the man starts a
procedure for the return of the child. In most of these cases, especially the most important
ones, it was the man who wanted the child to be returned to a Western-European country.
Unfortunately, however, there is no way in Hungary to obtain proper statistics regarding
gender balance on such questions as no authority keeps a record of the gender background
of such cases. This can only be confrmed by checking reports of the most important cases
and by talking to practitioners.
Secondly, in most of the cases, the other State concerned, i.e., the place from which the
child was removed, is not typically a Central- or Eastern-European country (with the
exception of Austria). However, there is a possibility that this will change in the future. In
2011, the Hungarian State allowed those who had Hungarian roots and live in a foreign
country to obtain Hungarian citizenship via a simplifed (nearly automatically) process
*
Research fellow, Institute for Legal Studies CSS Hungarian Academy of Sciences, Research
fellow (Frame Fp7 project). E-mail:
1
See <http://www.hcch.net/upload/stats_hu.pdf> accessed 1 July 2014.