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New study on the protection of the best interests of the child in situations of parental separation

Strasbourg 22 July 2021
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The Committee of experts on the rights and the best interests of the child in parental separation and in care proceedings (CJ/ENF-ISE) publishes today its feasibility study on a legal instrument on the protection of the best interests of the child in situations of parental separation.

This study takes stock of existing international and European standards, including the case law of the European Court of Human Rights, and includes an overview of member states’ laws and practice on parentage and parental responsibilities, custody arrangements, on the child’s procedural rights and the right to maintain contact with the non-custodial parent.

Together with the feasibility study of a legal instrument on the protection of the best interests of the child in domestic law proceedings by public authorities to limit parental responsibilities or place a child in care, this study will form the basis of the further work of the CJ/ENF-ISE for the elaboration of a non-binding legal instrument, taking into account the elements of the studies and in accordance with the decisions of the Committee of Ministers.

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