spent a child by one parent to another Member State, there is only wrongful if it has custody of the other parent is injured. Whether the other parent has custody, decides to national laws.
A government scheme under which a father who is not married to the mother of the child to regain custody only when it comes to him by a court decision violated, not by the Charter of Fundamental Rights the European Union protected right to respect for private and family life.
ECJ, Decision of 05.10.2010 - C-400/10 PPU
http://curia.europa.eu
(for external links, I am not responsible.)
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