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Time to Move on? The International State of Affairs with Respect to Child Relocation Law

27 Pages Posted: 2 Feb 2012  

Yildiz Maria Bérénos

Utrecht University School of Law (the Netherlands)

Date Written: January 27, 2012

Abstract

By surveying binding law in civil and common law jurisdictions and non-binding law produced by national, regional and international organizations, this article tries to map the international state of affairs with respect to child relocation. Various legal topics that have concerned legislatures are discussed. It appears that - worldwide and more specifically within Europe - great variety exists with respect to child relocation law, which leads to legal uncertainty. As a consequence, parents often do not know how to act in case of child relocation. This might have a negative effect on other issues, such as child abduction. Harmonization of law on child relocation seems necessary to diminish the existing legal uncertainty. It is concluded that the development of a European or international non-binding law instrument that addresses both national and international relocation cases could be a first step in the harmonization process.

Keywords: international family law, child relocation, harmonization

Suggested Citation

Bérénos, Yildiz Maria, Time to Move on? The International State of Affairs with Respect to Child Relocation Law (January 27, 2012). Utrecht Law Review, Vol. 8, No. 1, pp. 1-27, January 2012. Available at SSRN: https://ssrn.com/abstract=1997050

Yildiz Maria Bérénos (Contact Author)

Utrecht University School of Law (the Netherlands) ( email )

Utrecht
Netherlands

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