THEORETICAL ASPECTS AND JUDICIAL PRACTICE ASPECTS REGARDING THE RETURN OF THE DISPLACED OR KEPT CHILD BY VIOLATING A RIGHT RELATED TO ENTRUSTING

The article discusses the mainproblems referring to the return of the displaced orunlawfully kept child, considering the stipulations of theHague Convention on the civil aspects of theinternational children kidnapping of Regulation (EC)no. 2201/2003 of the European Union Council fromNovember, 27th 2003 regarding the competence, theacknowledgement and the execution of the judicialdecisions in matrimonial matter and in the parentalresponsibility matter, and also of Law no. 369/2004regarding the application of the Convention on the civilaspects of the international children kidnapping,adopted at Hague on October, 25th 1980, whereRomania accessed by Law no. 100/1992. After a shortintroductory part regarding the juridical frame, thereare analysed the unlawful feature of the displacementor of the keeping, and also the competence in matter ofreturning the child, and then it is presented theprocedure of returning the child and in the final part itis examined the possibility of the judicial oradministrative authority not to dispose the child’sreturn.