Cross-border cooperation in matters of parental responsibility and child abduction

Person, institution or other body claiming that a child has been removed or retained in breach of custody rights may apply either to the Central Authority of the child's habitual residence or to the Central Authority of any other Contracting State for assistance in securing the return of the child

The Ministry of Labour, the Pension System, Family and Social Policy carries out activities of the Central Authority under the Convention on the Civil Aspects of International Child Abduction, The Hague 1980, the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in respect of Parental Responsibility and Measures for the Protection of Children, Council Regulation, The Hague, 1996, Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000, Council Regulation  (EU) 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction and the Convention of the Council of Europe on Contact Concerning Children.
 
I) The Convention of 25 October 1980 on the Civil Aspects of International Child Abduction

As of 8 October 1991, the Republic of Croatia is a party to the Convention on the Civil Aspects of International Child Abduction, The Hague, 1980.
 
The objects of the present Convention are:

• To secure the prompt return of children wrongfully removed to or retained in any Contracting State; and
• To ensure that rights of custody and of access under the law of one Contracting State are effectively respected in the other Contracting States.

 
The removal or the retention of a child is to be considered wrongful where: a) it is in breach of the rights of custody attributed to a person, an institution or any other body, either jointly or alone, under the law of the State in which the child was habitually resident immediately before the removal or retention; and b) at the time of removal or retention those rights were actually exercised, either jointly or alone, or would have been so exercised but for the removal or retention. The rights of custody mentioned in sub-paragraph a) above, may arise in particular by operation of the law or by a judicial or administrative decision, or by an agreement having legal effect under the law of that State.
 
The Convention shall apply to any child who was habitually resident in a Contracting State immediately before any breach of custody or access rights. The Convention shall cease to apply when the child reaches the age of 16.
 
Any person, institution or other body claiming that a child has been removed or retained in breach of custody rights may apply either to the Central Authority of the child's habitual residence or to the Central Authority of any other Contracting State for assistance in securing the return of the child.

In cases of illegal removal or retention of a child and/or impossibility of exercising the right of contacts with a child, it is possible to file an Application for the return of a child wrongfully removed or retained or an Application for obtaining contact with a child. 
 
The Act implementing the Convention on the Civil Aspects of International Child Abduction (Official Gazette no. 99/2018) regulates the jurisdiction and competences of authorities and the procedure with regard to applications made in the Republic of Croatia under the provisions of the Convention.
 
Authorities competent for implementation of the Convention in the Republic of Croatia are: The Central Authority, courts, the ministry in charge of internal affairs, the Croatian Social Work Institute and other authorities as required.
 
More information and the appropriate forms for initiation of procedures pursuant to the Convention on the Civil Aspects of International Child Abduction is available on the website of the Ministry of Labour, Pension System, Family and Social Policy.
 
II) The Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in respect of Parental Responsibility and Measures for the Protection of Children, The Hague, 1996, entered into force with respect to the Republic of Croatia on 1 January 2010. 

III) Council Regulation (EU) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000, applies in the Republic of Croatia as of 1 July 2013.

IV) Council Regulation (EU) 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction

Law implementing Council Regulation (EU) 2019/1111 of 25 June 2019 on jurisdiction, recognition and enforcement of decisions in matrimonial matters and matters of parental responsibility and on international child abduction is determined by the authorities competent for the conduct and decision-making within the scope of Council Regulation (EU) 2019/1111.
 
V) The Convention on Contact concerning Children, CETS 192, of the Council of Europe, applies in the Republic of Croatian since 1 June 2009.
 
For more detailed information on procedures for the return of a child wrongfully removed or retained or for obtaining contact with a child by application of the Convention or Regulation, please refer to the contact information and useful links.
 
The appropriate forms for initiation of procedures pursuant to the Convention on the Civil Aspects of International Child Abduction is available on the website of the Ministry of Labour, Pension System, Family and Social Policy

Contact information:
 
Ministry of Labour, Pension System, Family and Social Policy
Ulica grada Vukovara 78
10000 Zagreb
Telephone: 01 555 7111
Telephone number for calls outside the Republic of Croatia: +385 1 555 7111
Fax: 01 555 7222
E-mail: pisarnica@mrosp.hr 
of the Service for International Cooperation in the Field of Protection of Children