Free movement of persons, child abduction and relocation within the European Union

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.