Challenging a (non) return order is possible in different ways:
- Starting proceeding on the basis of article 11.6-8 Brussels IIbis
- Appealing to the court of appeal
- Starting proceedings on the basis of article 8 ECHR at the European Court of Human Rights
Starting proceedings on the basis of article 11.6-8 Brussels IIbis is only possible in case of a child abduction case between two member states of Brussels IIbis. It further is only applicable in case of a non-return order on the basis of one of the reasons to refuse the return of the child notwithstanding the wrongfulness of the removal or retention of the child stated in article 13 of the Hague Convention on the Civil Aspect of International Child Abduction.
Appealing to the court of appeal is only possible in case of a decision from the first instance court. The case will be automatically dealt with at high court. Whether there will be hearings at high court again (incl. a hearing of the child) depends on the national context and which tasks the high court is considered to have.
Mrs. Serdynska pointed out on the conference, that there must be clear regulations in the future about the appeal procedures.
Starting proceedings with the European Court of Human Rights is only possible if all national legal remedies have been taken. Like illustrated in the first exercise of this module, Article 8 of the European Human Rights Convention can be considered, if fundamental principles of the Human Rights Convention has been not met by the proceedings.