Preventing and resolving disputes on child relocation - Recommendation CM/Rec(2015)4 and explanatory memorandum (2015)

How to prevent - and to resolve them when they occur - parental conflicts on child relocation?

In today’s mobile society, relocation is becoming an increasingly common occurrence. For separated parents wishing to relocate with children, this reality has increased the potential for conflict over where and with whom their children will live.

Recommendation CM/Rec(2015)4 on preventing and resolving disputes on child relocation intends to contribute to avoiding disputes that may arise when a proposal to change the child’s habitual residence is made.

It applies to situations where there is, or may be, disagreement between parents regarding the relocation of a child, either within the jurisdiction of a member state or abroad, and where, as a result of such relocation, a child would be at risk of losing contact, either completely or to a significant extent, with his or her parents or with other holders of parental responsibilities.

The recommendation encourages member states of the Council of Europe to take or reinforce all measures they consider necessary with a view to implementing the procedural and substantive principles contained in the appendix to the text.