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 CHILD RELOCATION

In todays mobile society, relocation is becoming an increasing reality.  However, for separated parents wishing to relocate with children, this reality has also increased the potential for disputes between them over their childrens habitual residence.

At their 1219th meeting, the Committee of Ministers adopted Recommendation
CM/Rec(2015)4 on preventing and resolving disputes on child relocation prepared by the Council of Europes Committee on Legal Co-operating (CDCJ), and took note of its Explanatory Memorandum as it appears in document CM(2015)5 add1

The recommendation CM/Rec(2015)4 applies to situations where there is, or may be, a disagreement between parents regarding the relocation of a child, either within the jurisdiction of the member state or abroad, and where, as a result of such relocation, a child would be at risk of losing contact, or of a significant disruption to contact, with his or her parents or with other holders of parental responsibilities.

It intends to contribute towards the avoidance of these disputes that may arise when the childs habitual residence changes. A number of  procedural and substantive  principles are appended therein and in respect of which member states are encouraged to take or reinforce all measures they consider necessary with a view to their implementation.

Unofficial German translation Recommendation CM/Rec(2015)4
provided by the German Federal Ministry of Justice and Consumer Protection.

Please note that this new recommendation was also featured in the Council of Europe Journal as well as on Twitter and the Human Rights blog: bit.ly/1716s1g.




PREPARATION MEETINGS FOR THE ABOVE-ADOPTED RECOMMENDATION

3rd meeting of the drafting group for parental dispute resolution
(relocation of children) (CDCJ-GT-RCP)
24-26 March 2014, Strasbourg, Agora, Room G01

Agenda CDCJ-GT-RCP(2014)OJ3
   

2nd meeting of the drafting group for parental dispute resolution
(relocation of children) (CDCJ-GT-RCP)
13-15 November 2013, Strasbourg, Palais de lEurope, Room 14

Agenda CDCJ-GT-RCP(2013)OJ2
 


1st meeting of the drafting group for parental dispute resolution
(relocation of children) (CDCJ-GT-RCP)
11-12 September 2013, Strasbourg, Agora, Room G05

Agenda CDCJ-GT-RCP(2013)OJ1
   

Reference documents
 Guidelines of the Committee of Ministers of the Council of Europe on child friendly justice

Resolution (72) 1 on the standardisation of the legal concepts of "domicile" and of "residence" (Adopted by the Committee of Ministers on 18 January 1972 at the 206th meeting of the Ministers' Deputies)

Judgment of the court (Case C‑523/07) (Judicial cooperation in civil matters Jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility Regulation (EC) No 2201/2003 Substantive scope Definition of civil matters Decision relating to the taking into care and placement of children outside the family home Childs habitual residence Protective measures Jurisdiction)
Case C‑523/07 - Opinion of advocate general

United Nations - Convention on the rights of the child - General comment No. 14 (2013) on the right of the child to have his or her best interests taken as a primary consideration (art. 3, para. 1)
Convention on Contact concerning Children

Relocation: A Childrens Rights Perspective - Dr. Ursula Kilkelly

Convention on the civil aspects of international child abduction, Adopted by Hague Conference on Private International Law on 25 October 1980
Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children, Adopted by Hague Conference on Private International Law on 19 October 1996
Washington Declaration on International family relocation, Adopted by Hague Conference on Private International Law on 25 March 2010
Council Regulation (EC) No 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, Adopted on 27 November 2003
Council Regulation (EC) No 1259/2010 implementing enhanced cooperation in the area of the law applicable to divorce and legal separation, Adopted on 20 December 2010