The Ukrainian translation of the Council of Europe Recommendation CM/Rec(2015)4 and explanatory memorandum on Preventing and Resolving Disputes on Child Relocation has been finalised with the support of the Council of Europe Project “Combating violence against children in Ukraine”.
Parental disputes over child relocation have become common in Europe and worldwide in recent decades. There is a high potential for conflict as a result of such disputes, and the need to prevent them or resolve them in a satisfactory way is increasing.
To encourage the prevention and resolution of disputes on child relocation as a means of reducing the incidence of child abduction, the Committee of Ministers of the Council of Europe adopted the Recommendation CM/Rec(2015)4. This recommendation is intended to guarantee a comprehensive and coherent approach so as to prevent and resolve disputes by deterring, in particular, a parent or other holder of parental responsibilities with whom a child resides from unilaterally relocating with the child, and averting the unlawful relocation of the latter.
Procedural issues and substantive principles outlined in the Recommendation can be applied to all types of cases in the national and international environment. It and can also serve as a basis for concluding friendly agreements, without recourse to the competent authority.
The principles of the recommendation are focused on the promotion and protection of the child’s best interests. The child should have the right to be informed and to express his/her views on the proposed relocation. Due weight should be given to these views in accordance with the child’s age and degree of maturity.
The member States of the Council of Europe are recommended to take all measures they consider necessary with a view to implementing these principles.
The Council of Europe Recommendation CM/Rec(2015)4 and explanatory memorandum on Preventing and Resolving Disputes on Child Relocation is available for download at the following link: https://rm.coe.int/cmrec-2015-4e-and-explanatory-memorandum-child-relocation-uk-/1680a31a85
