PDF - Protection of the rights and best interests of the child in parental separation proceedings – Recommendation CM/Rec(2025)4 and explanatory memorandum (2025)

Ensure that the best interests of the child are a primary consideration in all decisions made during parental separation proceedings

Recommendation CM/Rec(2025)4, accompanied by its explanatory memorandum, aims to improve the protection of the rights and best interests of the child in the context of parental separation proceedings. It contains principles that member States of the Council of Europe are invited to follow in the course in the course of these proceedings.

When parents separate, even with appropriate support, authorities are often faced with decisions that have a significant impact on children and those close to them. The consequences of such decisions can be life changing and reach well beyond childhood.

This Recommendation provides national authorities with guidance for considering all circumstances that may be relevant when assessing a child’s best interests in proceedings relating to parental separation. It also ensures that the substantial and procedural rights of children affected by such proceedings, including the right to be informed and to be heard, are fully implemented, and the principles of the rule of law, non-discrimination and the timeliness of proceedings are respected.