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  • 11 - The Abused and Neglected Child in the EU Family: Risk, Borders, and Public Law Child Protection

  • from Part IV - The EU Family in Internal and External Crises
  • Edited by Marja-Liisa Öberg, Lund University, Alina Tryfonidou, University of Cyprus
  • Book:
    The Family in EU Law
    Published online:
    12 December 2024
    Print publication:
    19 December 2024, pp 209-226
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  • Summary

    This chapter explores the Member States’ use of EU private international family law in the protection of children with links abroad from abuse or neglect by their family. These measures include rules governing the assumption of jurisdiction over the parental responsibility of a child, including both private and public law measures. The chapter argues that the abused and neglected child was not a central focus when regulating the cross-border family and, as a consequence, legal borders between Member States’ family law systems retain considerable significance for these children. Whilst each Member State has provision in place for public law child protection measures, the methods and approach adopted vary significantly between legal systems, as do the potential substantive outcomes for children. The EU’s private international family law rules are designed to obscure these differences and this has presented difficulties in supporting cross-national cooperation over child protection. The political nature of these decisions has meant that focus on the welfare of the child may consequently be lost.