Abstract

In all judicial proceedings involving children the interest of the child should be followed as the supreme value. The Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction does not provide for solutions that would allow for challenging an order issued thereunder. Art. 577 of the Code of Civil Procedure, which allows the guardianship court to change or rescind even its final order if it is required in order to protect the welfare of the person concerned, may be applied to orders for the return of the child unlawfully abducted or apprehended issued under the Convention. The fact that abduction of apprehension of the child takes place on the international plane does not affect the qualification of the proceedings as a case for taking away a person under parental authority or guardianship within the meaning of Art. 5981 et seq. of the Code of Civil Procedure.