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Abstract
This paper examines the relationship between the free movement of persons within the European Union and the law on the migration of children. It identifies that the law on international child abduction and national law on relocation of children may represent a restriction on free movement of persons within the EU and could be subject to a proportionality review in European law. It argues that the law on the migration of children is a justified and proportionate restriction on freedom of movement because it seeks to protect the best interests of the child. In assessing the law for its proportionality, the balance of interests is explored and the challenges of protecting the rights of family members moving within Europe are identified.
Acknowledgements
This paper has been presented at Society of Legal Scholars Annual Conference 2011 and at London Metropolitan University Centre for Family Law and Practice, ‘International Child Abduction, Relocation and Forced Marriage’ 2010. I am grateful to Helen Stalford, Eleanor Drywood and Dianne Scullion for their comments on earlier drafts. Any errors or omissions remain my own.
Notes
1. Treaty on the Functioning of the European Union OJ No. C83, 30.03.2010, p. 47.
2. OJ No. C303, 14.12.07, p. 1.
3. Council Regulation (EC) No. 2201/2003 of 23 December 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility (Brussels II Revised).