Launch of two new recommendations to Council of Europe member states on children’s rights and best interests

Protecting children in parental separation and in care proceedings

20 November 2025, Strasbourg

When parents separate or when a child’s family is unable to provide adequate care, even with appropriate support, the authorities are often faced with decisions that have a significant impact on children and the people around them. The consequences of such decisions can be life-changing and reach well beyond childhood. It is therefore paramount to ensure the best interests of the child are a primary consideration.

Strengthening the protection of the rights and best interests of the child in parental separation proceedings and in care proceedings is the focus of two recommendations addressed to member countries that were officially launched at an event at the Council of Europe in Strasbourg on 19 November 2025, ahead of the World Children’s Day – a global day of action for children and by children.

Children consulted regarding recommendations

Children and young people were actively consulted in the process of preparation of both recommendations, ensuring that their voices and lived experiences contributed to their content and approach.

Speaking at the launching event, Bjørn Berge, Deputy Secretary General of the Council of Europe, emphasised that fact:

“These recommendations place the child firmly at the centre of the proceedings. They provide guidance on how best to assess the interests of the child and advise on how to keep young people informed – which is crucial during the upheaval of court processes – a time of great confusion even for adults. This way, children are listened to, heard and communicated with during the proceedings”, he said.

Ambassador Daniela Cujbă, Permanent Representative of the Republic of Moldova, Chair of the Ministers’ Deputies of the Council of Europe, stated that “With the adoption of these two recommendations, the Committee of Ministers wishes to guide member States in improving their legislation, policies and practice regarding parental separation and care proceedings, and to support them in providing guidance to the competent authorities, relevant officials and professionals, as well as the parents involved in such proceedings”

Anne Louise Bormann, Judge of the European Court of Human Rights, recalled handling child-related cases as a judge in Denmark. “I know from personal experience the many difficult dilemmas posed by proceedings concerning children … What is justice between the parents is not always what is best for the child”, she said. “These new recommendations have already served as an inspiration to the ECHR in the important recent case of M.P and Others v. Greece [9 September 2025], concerning the return of children who had been abducted by their mother,” Judge Bormann said, calling them “valuable guidance for the national courts and other authorities making decisions in proceedings concerning parental responsibility, custody, access to or contact with a child or the taking of a child into public care”. She stressed that the recommendations give important advice on how to ensure that children are given the opportunity to express their views and have these views taken into account.

The event brought together policy-makers, practitioners and civil society to highlight key aspects of the recommendations, discuss challenges faced by children, and explore how these standards can be effectively translated into practice in member countries.

The Committee of Ministers of the Council of Europe adopted these recommendations, accompanied by detailed explanatory memoranda and checklists to guide national authorities, on 28 May 2025. In five years, countries will report back to the Committee of Ministers on the implementation of the recommendations.

The recommendations were developed jointly by the steering committee for the rights of the child (CDENF) and the European Committee on legal cooperation (CDCJ). The adopted recommendations contribute to the strategic direction provided by the Council of Europe Strategy for the rights of the child (2022-27), which defines “child-friendly justice for all children” as a core priority.