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)5. It is meant to provide guidance to the member States on what can be done to deter a parent or other holder of parental responsibilities with whom a child resides, from unilaterally relocating with the child, and to avert an unlawful relocation.
The Recommendation addresses procedural issues but also deals with substantive principles; it intends to help avoid potential disputes that may arise when the child’s habitual residence changes and there is a risk that contact with him/her can be lost or significantly disrupted.
These principles can be applied to all types of cases, whether or not they include an international element, it and can also serve as a basis for concluding friendly agreements, without recourse to the competent authority.
The best interests of the child should be a primary consideration in all cases, the Recommendation underlines. 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.
Извор: Совет на Европа – 12.02.2015
